Ci-1    2120 


Duke  University  Libraries 

Report  of  the  C 
Conf  Pam  #549 


'n%t 


*5iS 


REPORT 


OP   THE 


COMMISSION  ON  THE  CODE. 


COLUMBIA,  S.  C: 

STEAM  POV/ER-PRESS  OF  F.  G.  DkFONTAINE  A  CO. 
1864. 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED  BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


,  '  r.  " 

REPORT 

OF  THE  COxMMISSION  ON  THE  CODE. 


The  Committee  on  the  Code  ask  leave  to  report: 

That  since  the  last  session  of  the  Legislature,  they  have  continued  in 
the  work  asfigned  them  under  the  resolution  of  December,  1862.  They 
have  expended  much  time  and  labor  in  the  examination  of  the  matter  re- 
ferred, and  have  endeavored  diligently  to  acquit  themselves  of  the  duty 
confided  to  them. 

The  preparation  of  a  Code  of  the  Statute  Law  was  directed  by  the  Act  of 
1859,  (page  761,  printed  Acts,)  and,  it  is  to  be  observed,  that  in  the  lan- 
guage of  the  Act,  it  was  contemplated  and  iniended  to  be  "such  a  Code  of 
the  Statute  Law,  as  if  enacted,  might,  in  connection  with  the  portions  of 
the  Common  Law  that  would  be  left  unaltered,  constitute  the  whole  body  of 
law  ill  this  State."  The  undertaking  was,  therefore,  one  of  much  magni- 
tude, requiring  on  the  part  of  the  Commissioner,  not  only  great  assiduity 
and  careful  labor,  but  a  revisal  of  his  work  from  time  to  time,  and  a  close 
and  critical  review  of  every  page  after  completing  it.  When  it  is  remem- 
bered that  the  Code  with  the  unaltered  portions  of  the  Common  Law  was  to 
constitute  "the  whole-body  of  law  in  this  State/'  it  can  readily  be  perceived 
that  it  was  not  a  light  and  easy  duty  imposed  on  the  Cominissiuner.  That 
however  able  and  competent  for  the  task  he  might  have  been,  yet,  when  it 
is  considered,  that  if  enacted  the  Code  was  to  be  substituted  for  the  whole 
Statute  Law  of  the  State,  embracing  so  many  volumes,  it  was  not  to  be  ex- 
pected, even  of  the  distinguished  and  lamented  gentleman  to  whom  the  task 
was  assigned,  that  a  book  should  be  pro  luced  so  perfect  and  complete  that 
the  hand  of  revision  would  not  be  necessary. 

While  "  in  the  preparation  of  the  Code,  brevity  of  expression  consistent 
with  perspicuity"  has  been  eminently  observed,  the  Commission  is  not 
satisfied  that  "  order,"  which  was  required  by  the  Act  fo  be  one  of  the 
"governing  principles,"  has  been  attained,  as  contemplated  by  it.  The 
codification  of  the  Statute  Law  is  to  make  the  law  ready  and  accessible  to 
the  people,  whose  conduct  in  all  the  relations  of  life  is  to  hi  regulated  by  it, 
and  to  the  magistrates  who  are  to  administer  it.  A  proper  "order"  would 
seem  to  imply  such  arrangement  as  would  indicate  to  the  inquirer  the  pro- 
bable head  under  which  the  subject  matter  sought  might  readily  be  found. 
The  distinguished    C.immissioner    has    pursued   the    order  borrowed   from 

5018&1 


« 

lilackstone's  Commentaries,  as  he  informs,  the  Legislature  in  his  first  report. 
This,  though  well  designed  for  a  treatise  or  commentary,  in  the  judgment  of 
the  Commission,  is  not  adapted  to  a  Code.  A  Code  should  not  only  present 
the  law  in  the  most  concise  an  1  perjpicuon's  language  calculated  to  disclose 
the  intention  of  the  maker,  but  should  so  arrange  under  one  division  or 
head  all  which  pertains  and  relates  to  the  same  title.  If  to  'find  a  particular 
subject  the  reader  is  to  look  through  the  whole,  one  great  purpose  proposed, 
to  be  accomplished  by  the  work  is  not  attained.  The  Commentaries  of 
Blackstoue  were  intended  to  unfold  the  great  principles  of  the  law.  They 
contained  the  substance  of  a  course  of  lectures  delivered  by  the  great  profes- 
sor— investigating  the  elements  of  the  law  and  the  grounds  of  the  civil 
policy  of  his  Grovernment.  He  divided  his  subjects  in  reference  to  the  ob- 
jects of  the  law  of  England  :  "  The  Rights  of  Persons;"  '<  The  Rights  of  ' 
Things;"  "Private  Wrongs"  and  "Public  Wrongs."  It  may  be  admitted, 
that  for  his  desi<rn  no  better  arrangement  could  have  been  devised.  A  Code 
of  the  Statute  Law  has  a  different  aim  to  ofifect,  and  the  Commission  is  of 
opinion  that  a  division  of  the  larious  titles  jn  alphabetical  order,  (something 
after  the  manner  of  Brevard's  Digest  and  the  Code  of  North  Carolina, )  by 
bringing  the  same  subjpct  linder  one  head,  and  thus-presenting  in  one  sec- 
tion all  the  statutes  bearing  relation  to  it,  would  present  the  whole  in  a  form 
much  more  easy  of  access  and  reference,  and  prevent  a  recurrence  to  various 
parts  of  the  book  for  provisions  on  the  very  matter  which  the  reader  had 
already  more"  than  once  passed  over. 

It  was  suggested  that  a  general  and  full  index  to  the  whole  might  rem- 
edy this  defect,  but  the  Commission  was  not  so  impressed.  No  index,  how- 
ever copious,  couid  prevent  a  reference  to  different  parts  of  the  work,  for 
what  should  be  included  in  the  same  division — audthis'is  substantially  the 
objection  to  the  order  which  has  been  ad^jpted. 

The  Commissioner  has  attempted  to  some  small  extent  to  incorporate  in 
the  Code  presented,  some  aots  of  a  private  or  local  nuture — some  granting 
corporate  privileges  and  the  imposition  of  duties  in  particular  districts.  As 
might  have  been  expected,  those  comprised  are  of  a  very  limited  character, 
and  the  omission  to  include  all,  necessarily  renders  what  has  been  done  in- 
comjilete.  The  same  may  be  said  of  the  Acts  as  to  the  boundaries  of  the 
district.s  and  parishes.  All  such  Acts  as  are  in  this  paragraph  referred 
to,  as  well  as  the  Acts  in  relation  to  the  Bank  of'the  State  of  South  Caro- 
lina, the  Commission  recommend  be  omitted  and  codified,  and  published  in 
a  separate  volume. 

The  Comuiissioner  has  recommended  various  changes  in  the  law.  Some 
of  these  have  met  the  concurrence  of  the  jCommission,  while  from  others 
they  dissent.     The  principal  are  those  affecting  official  "bonds,  Vacant  lands 


5 

1  • 
and  escheat;  the  action- of  trespass  to  try  title,   the  jury  law,  and   the  law 

in  relation  to  the  descent  of 'intestate  estates.  In  this  l:ist,  he  dissents  from 
the  interprotatifin  given  to  the  5th  section  (or  canon)  of  the  Act  of  1701, 
by  the  Court  of  Appeals  in  I'eldor's  case,  (5,  Rich.  Eq.  olO,)  and.  substi- 
tutes langjiagc  to  carry  out  the  construction  for  which  1  c  contended  in  the 
argument  of  that  cause.  So,  too,  he  recommends  a  change  m  the  Act  of 
1858,  which  allowed,  after  acquired  lands,  to  pass  by  previous  will,  carrying 
the  law  in  this  particular  to  where  it  stood  before  the  passage  of  said  Act. 

The  Coinniia»ion  do  not  deem  it  necessary  here  to  state  ;  articularly  all  the 
changes  proposed  by  tiie  (Commissioner  in  the  existing  Statute  Law,  or  their 
opinions  touching  the  same,  because  the  paper  marked  A,  accompanying 
this  Report  contains  the  amendments,  changes  and  modifications  they  reebm- 
mend,  which  not  only  point  to  t^he  pages  of"  the  printed  book,  but  in  doing 
so  disclose  whether  thoy  arc  of  the  l,nv  as  it  stands,  or  of  the  new  matter  sub- 
mitted by  the  Commissioner. 

While  the  Commission  has  expended  much  labor  and  attention  in  the 
strict  comparison  of  the  Code  with  the  Statutes  to  which  the  tex'  of  it 
relates,  in  a  work  of  such  extent,  they  will  not  undertake  to  say  that  the 
Commissioner  has. not  omitted  some  portions  of  tlie  Statute  Law.  In  their 
belief,  Statutes  have  been  omitted,  but  it  was  not  in  tlie  compass  of  their 
power  to  supply  all  such  deficiencies  if  thoy  exist.  To  have  done  so  efFectu- 
ally,  would,  in  a  -dition  to  the  labor  th  7  have  bestowed,  devolve^,  a  ttsk 
upon  them  which  could  not  have  been  in  tiie  contemplatiun  of  tac  Legisla- 
ture when  the  matter  was  rdferred.  This  wa,s  the  more  unnecessary,  as  it 
will  be  perceived  by  one  of  the  Resolutions  hereto  annexed,  that  the  Com- 
mission recommend  that  the  Code  and  their  Report  be  referred  to  a  C'wiimis- 
sioner  to  be  appointed  by  the  Legislature  to  re-urrange  the  whole. 

The  sheets  accompanying  tliis  report  .show  the  amendments  and  changes 
submitted  by  the  Commission,  and  it  is  respectlully  presented  to  the 
Legislature. 

The  Commission  did  :iot  review  so  much  of  the  book  as  relate.',  to  the 
Jlilitia,  (including  the  Patrol  Law,)  because  it  is  impossible,  in  the  present 
condition  of  the  military  of  the  State, 'to  adopt  any  militia  system  us  a 
permanent  establishment  after  the  war. 

It  is'proper  to  state,  that  the  Coinmission  has  not  added  a  codification  of 
the  Acts  passed  since  the  last  report  of  the  Commissioner,  except  so  far  as 
the  law  existing  when  he  presented  it  has  been  afi'^jcted  b)  .subsequent 
legislation.  '  The  matter  referred  having  been  an  exaniination  of  the  Code 
as  printed     • 

It  was  found  necessary,  nay  indispcnsihle,  that  the  Commission,  at  the 
date-of  its  labors,  should  procure  the  assistance  of  a  dork,  to  tran.scribe  from- 


^         6 

the  printed  volumes  the  changes,  amendments  and  suggestions  recommend- 
ed, with  a  reference  to  the  pages  and  paragraphs  of  the  printed  books,  so 
that  they  might  be  the  more  conveniently  compared  and  .examiped.  They 
were  able  to  secuere  for  this  end,  the  services  of  W.  F.  B.  Haynsworth, 
Esq.,  a  gentleman  of  ability  and  industry,  most  admirably  suit«id  for  the 
taski  How  well  he  has  accomplished  the  duty  assigned  to  him  will  be  per- 
ceived by  an  examination  of  his  labors.  The  Commission  recommend  that 
proper  compensation  be  allowed  him. 

The  Commission,  to  carry  out  the  conclusions  to  whicWthey  arrived, 
ask  leave  to  submit  the  following  resolutions: 

1,  Resolved,  That  the  printed  Code,  with  the  report  of  the  Commission, 
be  referred  to  a  Commissioner,  to  be  appointed  by  the  Legislature,  with  in- 
structions to  re-arrange  the  Code  as  altered  and  amended  by  the  .Commis- 
sion, and  distribute  the  same  under  proper  titles,  divisions  and  sections, 
arranged  in  alphabetical  order,  with  abstracts  of  the  sections  to  be  placed  at 
the  beginning  of  each  title  or  division,  and  a  complete  general  index  of  the 
whole. 

2,  Resolved,  That  there  be  omitted  from  the  Code,  as  printed,  all  Acts  of 
a  private  or  local  nature — all  Acts  containing  grants  of  corporate  privi- 
leges for  any  purpose — all  Acts  granting  priviheges,  to,  or  imposing  duties  on, 
any  particular  district  inconsistent  with  the  general  provisions  of  law — all 
Acts  relating  to  fisheries  in  any  particular  section  of  the  State- — all  Acts 
relating  to  the  boundaries  of  the  districts  and  parishes — all  Acts  relating  to 
the  Bank  of  the  State  of  South  Carolina  and  its  Branches — and  that  the 
said  matters  be  codified  and  published  in  a  separate  volume. 

3,  Resolved,  That  the  sum  of  dollars  be  allowed 
W.  F.  B.  Haynsworth,  Esq.,  as  compensation  for  his  services  as  Clerk  to 
the  Commission. 

Kespectfully  submitted, 

F.  J.  MOSES,   Chairman. 
December  2,  1864. 


AMENDMENTS, 

MODIFICATIONS  AND  SUGGESTIONS  PROPOSED  BY  THE 
COMMISSION  TO  THE  CODE,  AND  REFERRED  TO  IN 
THEIR  REPORT  AS  EXHIBIT  A. 


Wherever  the  words  "United  States"  occur,  strike  out  United  and.insert 
Confederate. 

At  page  3,  strike  ont  and  insert  as  recommended  oy  the  Commissioner  on 
page  737. 

At  page  5,  strike  out  "  III.  Judicial  Districts  of  the  State,"  and  all  fol- 
lowing the  same  on  that  page,  and  on  the  subsequent  pages,  to  page  15,  in- 
clusive; as  recommeuded  by  the  Commission.  .  * 

At  page  16,  insert  as  recommended  by  tho  Commissioner  on  pages  738 
and  739. 

Atpagj  17,  paragraph,  strikeout  "District  of  the,"  and  insert  in 
their  place  "Beat  and." 

In  the  reference  annexed  to  same  paragraph,  strike  out  "  83"  and  insert 
"57." 

At  same  page,  in  the  article  entitled  "  (b.)  Denizens,"  strike  out  "  may 
become  denizens,"  and,  at  the  end  of  the  first  paragraph  of  said  article,  add 
"  may  become  denizens,  and  be  entitled  to  purchase  and  hold  real  property 
within  this  State." 

At  page  18,  after  first  paragraph,  succeeding  Domestic  Order,  etc.,  insert : 

A.  A.  18(50.  xii.  858.  "  No  ticket  or  permit  shall  be  considered  as  author- 
izing the  absence  of  the  slave  from  his  or  her  master's  or  employer's  premi- 
ses, unless  it  specify  where  he  or  she  is  to  go,  and  how  long  to  stay;  but 
this  regulation  shall  not  extend  to  incorporated  cities  or  towns." 

At  page  18,  in  second  paragraph,  succeeding  Domestic  Order,  etc., 'strike 
out  "  committed  as  a  runaway,"  and  insert  "  moderately  corrected  by  whip- 
ping, not  exceeding  twenty  lashes." 

At  page  18,  in  the  last  line,  strike  out  "a"  and  insert  "the." 

At  page  19,  in  first  marginal  reference,  strike  oul  "  lb."  and  insert  "  A. 
A.  1740." 

At  same  page,  fill  the  blank  in  the  third  sentence  of  second  paragraph 
with  the  word  "  three"  :  and,  at  the  end  of  same  sentence,  add  "compu- 
ting the  journey  at  twenty-five  miles  to  the  day." 

At  same  Dage,  in  marginal  reference  to  third  paragraph,  strike  out  "397" 
and  insert  "  404." 


At  same  page,  after  tliird  paragraph,  add,  (as  recommended  by  the  Com- 
missioner, see  page  740,)  "The  saving  of  rice  in  harvest  shall  be  deemed  a 
work  of  necessity." 

At  page  20,  after  first  paragraph  ending  on  that  page,  add  "The  penalty 
imposed  by  this' and  the  preceding  section  to  be  recovered  by  indictment."  ^ 

At  same  page,  in  the  first  line  of  last  paragraph,  strike  out  "  presence," 
and  insert  "  oompauy." 

At  same  pa'ge,  after  last  paragraph*,  insert  the  following  :  "  No  slave  shall 
be  permitted  to  rent  or  hire  any  house,  room,  store,  or  plantatipn,  on  his  or 
her  own  account,  or  to  be  used  or  occupied  by  any  slave  or  slaves ;  and  any 
person  or  persons,  who  shall  let  or  hire  any  house,  room,  store  or  plantation, 
to  any  slave  or  slaves,  or  to'any  free  person,  to  be  occupied  by  any  slave  or 
slaves,  every  person  so  offending  shall  forfeit  and  pay  to  the  informer  the 
sum  of  twenty  dollars,  to  be  recovered  on  summons  before  a  magistrate. 

At  page  21,  the  marginal  reference  to  first  paragraph,  to  read  "lb.  §  30, 
407.'* 

At  .same  page,  in  second  paragraph,  strike  out  "the  Poor,"  and' insert 
"Public  Euildiugs  ;"  and  in  third  paragraph  strike  out  "  the  Poor,"  and 
-insert  "  Public  Buildings."  j 

At  same  page,  the  last  paragraph  to  be  stricken  out. 

At  page  22,  the  paragraph  commencing,  "No  slave  or  person  of  color 
shall  be  employed,"  to  read,  "No  persou  shall  employ  a  slave  or  person  of 
color  in  any  shop,  store  or  house  of  trade  as  a  clerk  or  salesman,  uadev  a 
penalty  of  a  fine  not  exceeding  one  thonsand  dollars,  and  imprisonment  not 
exceeding  six  months:  rhe  informer  to  be  a  competent  witnesfe,  and  to  re- 
ceive half  of  the  fine." 

At  same  page,  in  next  paragrapli,  strike  out,  "  or  oflfence;"  also  strike 
out  "enacted,"  and  insert  in  its  place,  "imposed  on  a  slave  or  free  person 
of  color." 

At  page  24,.  in  tecond  paragraph,  insert  "  distributees  or,"  between 
"the"  and  "next  of  kin  •"  aLsb  strike  out  "heirs,"  the  last  word  in  that 
paragraph,  and  insert  in  its  place,  "such  distributees  or  next  of  kin." 

At  same  page,  in  fourth  paragraph,  insert,  "•distributees  or,"  between 
"  the  "^aud  "next  of  kin."  , 

At  same  page,  in  sixth  paragraph,  strike  out  "from  his  home  or  resi- 
dence;" strike  out  first  marginal  reference. 

At  page  26,  in  title  o^  article,  strike  ou^  "Negroes,"  and  insert  "  Per- 
sons of  Color." 

At  the  same  page,  the  first  paragraph  to  read  as.  follows :  "All  crimes 
thrt  are  punishable  with  death,  when  committed  by  a  white  man,  are  pun- 
ishable with  death  when  committed  by  d  slave  or  free  persou  of  color." 

At  the  same  page,  the  second  paragraph  to  read  as  follov/s :  "The  follow- 


9 

ing  offeaccs,  when  committed  bj  a  slave  or  free  person  of  color,  sliall  be 
capitally  punished,  that  is  to  say." 

At  t^ame  page,  iu  fifth  paragraph,  strike  out  "and,"  and  insert  "or." 

At  same  page,  in  seventh  paragraph,  between  "slave"  and  "on,"  insert 
('or  free  person  of  color;"  and  bbtweeii  "  iu  "  and  "defence,"  insert  "case 
of  a  slave  in." 

At  same  page,  in  last  paragraph,  strike  out  "negro,"  and  insert  in  its 
place,  "persjn  of  cojor;"  and  between  "shall"  and  "  conceal,"  insert  "har- 
bor." 

At  .^ame  page,  in  first  marginal  reference,  strike  out  "397,"  and  insert 
"402;"  and  to  the  paragraph  conniiencing  with  "Endeavoring,"  make  the 
following  marginal  references:  "lb.,  §  17,"  "A.  A.  1751,  vii.,  424,  § 
14." 

At  page  27,  in  first  paragraph,  between  "  wouud "  and  "the,"  insert 
"maim  or  bruise." 

At  page  28,  in  second  paragraph,  for  "poor  of  the  District  or  Parish," 
read  "  Commi.ssioners  of  Public  Buildings." 

At  same  page,  iu  third  paragraph,  strike  out,  "being  a  distiller,  vendor 
or  retailer  of  spirituous  liquors;"  and  in  same  paragraph,  for  "poor  of  the 
District  or  Parish,"  read  "  Commissioners  of  Public  Buildings  of  the  Dis- 
trict." ' 

At  same  page,  in  fifth  paragraph,  strike  out  "negroes,"  and  insert  "  per- 
sons of  color;"  and  add  to  same  paragraph,  "  or  after  the  going  down  there- 
of;" striking  out  the  period  at  the  end  of  the  original  sentence,  and  insert- 
ing in  its  place  a  comma. 

At  same  page  (28),  in  sixth  paragraph,  for  "  negroes,"  read  "  persons  of 
color;"   strikeout  "Leader  of." 

x\.t  same  page,  the  first  marginal  refei'ence  to  read  "lb.,  §  2."  And,  un- 
derneath the  thiid  marginal  reference,  add  "  X.  A.  1857,  xii.,  615,  §  2." 
.     At  page  29,  in  second  p^agraph,  for  "  negroes,"  read  "persons  of  color." 

^t  same  page,  in  last  paragraph,  for  "his  assessors."  read  "Jurors." 
The  last  sentence  to  read  :  "  Tlie  selection  shall  be  made  in  the  first  instance 
by  the  accused,  if  a  free  person  of  color;  and,  if  a  slave,  by  the  owner,  over- 
seer or  person  having  charge  of  such  slave  ;  but,  if  he  or  she  will  not  select, 
then  the  Justice  shall  .make  the  selection,"  etc. 

To  said  last  paragraph  add  the  follotving  marginal  reference,  "A.  A.  1754, 
vii.,  427,  §  4. 

At  page  bO,  to  the  first  paragraph  ending  on  that  page,  add  the  follo^y- 
ing  sentence  :  "  For  good  cause  shewn,  to  be  determined  by  the  Justice, 
against  any  Free-holder,  another  shaL  be  substituted  in  his  place." 

At  same  page,  in  second  paragraph,  (which  commences  with  the  words 
"The  charge,")  insert  "in  writing"  after  "stated."     The  first  sentence  of 


10 

next  paragraph  to  re&d :  "The  concurrence  oi  the  Justice  and  four  Free-' 
holders  shall  be  required  to  convict;  and  in  all  cases  the  Justice  sliail  con- 
sult freely  with  the  Freeholders  in  forming  the  judgment  to  be  rendered." 
In  seventh  line  of  same  paragraph,  between  "Jo"  and  "an,"  insert  "the 
Gbie£  Justice,"  and  between  "Judge"  and  "  either,"  insert  "  or  a  Circuit 
Law  Judge."  '  ^ 

At  same  page,  (30)  sixth  paragraph,  strike  out  period  mark,  and  insert 
comma,  adding  "or  either  or  all  of  them,  at  the  discretion  of  the  Court." 

At  same  page,  next  paragraph,  strike  out  "  and  not  otherwise,"  and  add 
"or  either  or  all  of  them,  at  the  discretion  of  the  Court." 

At  same  page,, underneath  first  marginal  reference  to  first  paragraph,  add 
marginal  reference  "A.  A.  1839,  xi.,  22,  §  28." 

At  same  page,  the  first,  marginal  reference  to  third  paragraph  to  read 
"A.  A.  1833,  ^vi.,  489,  §3." 

At  p  ige  31,  the  second  paragraph  to  read  :  "  The  justjce  and  freeholders, 
before  whom  a  slave  or  free  person  of  color  is  tried,  may,  in  tlieir  discretion, 
commute  the  punishment  of  death  for  any  criiue,  and  substitute  other  pun- 
ishment not  extending  to  life  or  limb." 

In  next  paragraph,  after  "slaves,"  insert  "and  force  persons  of  color,  ex- 
cept warrants  for  their  execution." 

The  next  paragraph  to  read  :  "Any  sherifi"  who  may  be  commanded  to  do 
execution  upon  any  slave  or  free  person  of  color,  shall  do  execution  as  di- 
rected in  the  warrant  issued  by  the  Court  ordering  such  execution,  and  to 
him  directed,  and  shall  receive  for  his  compensation  one-half  ot  the  fees 
allowed  by  law  for  the  execution  of  a  white  person." 
■   In  next  paragraph,  after  "  slave,"  insert  "  free  person  of  color." 

Add  marginal  reference  to  fourth  paragraph,  as  follows:  "A.  A.  1852, 
xii.,  211."  .  ,  .'  •  . 

At  page  32,  first  line,  after  "  contempt,"  add  "and  for  default  of  finding 
sureties,  to  commit  such  offender  to  prison.  Ii^ ninth  line,  first  paragraph^ 
after  "  slave,"  add  "  or  free  person  of  color." 

In  second  line  of  next  paragraph,  after  "slave,"  add  "or  free  person  of 
•coior." 

In  next  paragraph,  strike  out  "  at  one-half  thereof;"  rind  "the  same;" 
and  after  "  owner,"  add  "  one-half  thereof." 

lu  next  paragraph,  third  line,  strike  out  "or,"  and  "who  is  a  fugitive 
from  justice ;"  and,  aftar  "  slave,"  insert  "  or  a  slave  charged  with  atiy  crim- 
inal offence." 

At  page  33,  in  second  line,  strike  out  "  heirs,"  and  insert  "  distributees." 

At  same  page,  at  the  end  of  the  paragraph  commencing  w;i!i  tlie  word" 
"Three,"  add  "  and  Xive  in  capital  cases." 

In  next  paragraph,  strike  out  "the  case;"  and,  at  the  end  of  same  para- 


11 

graph,  add  ''but  where  the  i'reeholdeia  are  uuauiiuous,  the  coucurrenee  of 
the  Magistrate  shall  not  be  required." 

At  page  34,  third  paragraph,  for  "Courts,"  read  "Court;"  aud,  in  same 
paragraph,  after  "  color,"  insert  "  in  cases  not  capital  "    ■ 

In  next  paragraph,  after  the  sentence  containing  the  oath,  add:  "And, 
upon  every  subsequent  application  for  such  license,  such  person,  in  addition 
to  the  above  oath  or  affirmation,  shall,  in  like  manner,  take  and  file  Ihe  fol- 
lowing additional  oath  :  '  And  I  do  further  swear,  (or  affirm,  as  the  ease  may 
be,)  that  I  have  not,  directly  or  indirectiy,  at  any  time  since  the  taking  out 
of  my  last  license,  %old,  given,  exchanged,  Lartered,"  or  in  any  other  wise 
delivered  any  spirituous  liquors  to  any  slavog;  nor  have  I,  directly  or  indi- 
rectly, traded,  trafficked  or  dealt  with  any  slave,  contrary  to  the  true  mean- 
ing and  intent  of  the  laws  to  prevent  the  selling,  giving,  bartering  or  deliver- 
ing of  spirituous  liquors  to  slaves,  and  the  dealing,  trading  and  trafficking 
with  the  same  :  So  help  me  God  !'  " 

In  nest  to  the  last  line  of  same  paragraph,  for  "oath,"  read  "oaths." 

In  next  paragraph  strike  out  "  Shop-keeper,  Trader,  Distiller,  Retailer  of 
Spirituous  Liquors,  or  "Tavern-keeper,"  and  insert  "  Person"  in  their  place  ; 
and  change  marginal  abstract  accordingly. 

In  next  paragraph,  strike  out  "above  mentioned,"  "any  such  person  has 
purchased  any  thing  from  a  slave,  and  is,"  aud  "  done;"  and,  between  "so" 
aud  "unlawfully,"  insert  "purchased." 

In  marginal  references  to  same  paragraph,  .strike  out  "altered  by  A.  A. 
1S34,  vii.,  468  " 

At  page  35,  the  second  paragraph  to  read  :  "  If  any  person  shall  deal, 
trade  or  traffic  with  any  slave,  without  a  permit  as  aforesaid,  he  shall,  on 
conviction,  be  fined,  not  exceeding  two  thousand  dollars,  and  iuiprisoiiment 
not  exceeding  twelve  months." 

In  second  paragraph,  strike  out  "such  person  above  mentioned,"  and 
insert  in  their  place  "  shoptkeeper,  trader,  distiller,  retailer  or  spirituous 
liquors,  or  tavern-keeper." 

Strike  out  fourth  and  sixth  paragraphs.  . 

At  page  o6,  in  first  paragraph,  after  "  conviction,"  insert  "shall  be  deem- 
ed guilty  of  felony  and." 

At  same  page,  (36)  in  fourth  paragraph,  after  "  indicted,"  insert  "for  a 
misdemeanor."  For  "  receive  the  punishment  due  to  a  high  misdemeanor," 
read  ".shall  be  fined  and  imprisoned  at  the  discretion  of  the  Court." 

Strike  out  last  sentence  of  fifth  paragraph.  » 

To  marginal  reference  of  fourth  paragraph,  add  "A.  A.  1858,  xii ,  738." 

At  page  37.  in  second  paragraph,  strikeout  "in  the  West  Indies,  or  Mex- 
ico, or  any  part  of  South  America,  or  from  Europe,  or  from  any  place  North 


.12 

of  Baltimore,  or  the  ports  of  the  Chesapeake  Bay  and  the  City  of  Washing- 
ton," and  insert  in  their  place  "  beyond  the  llonts  of  the  Confederate  States. 
To  same  paragraph,  strike  out  in  Europe,  the  West  Indies,  ^Mexico,  or  any 
part  of  South  America,  or  in  any  Northern  State  beyond  the  State  of  Mary- 
land," and  insert  in  their  place  "  beyond  the  limits  of  the  Confederate 
States." 

*  The  first  marginal  reference  on  same  page  to  read  A.  A.  1835,  vii.,  47--" 
Add  "§  6"  to  third  marginal  I'ofoveace  on  same  page. 

At  page  88,  add  marginal  reference  to  first  paragraph  "A.  A.  1835,  472." 
At  page  39,  strike  out  third  paragraph,  which   commences   with  the  word 

u  If- "  • 

To  fourth  paragraph  add  :  ''  Nor  shall  this  Act  extend  to  free  American 
Indians,  free  Moors  or  Lascars,  or  other  colored  subjects  of  countries  beyond 
the  Cape  of  Good  Hops,  who  may  arrive  in  this  State  in  any  merchant 
vessel." 

At  page  40,  in  second  paragraph,  for  "Town  or  City  Treasury,"  read 
"State." 

At  page  41,  in  second  line,  for  "  orders  of  the  sheriff,"  lead  "  command  of 
discreet  officers  to  aid  the  sheriff." 

After  paragraph  at  top,  insert,  as  recommended  by  the  Commissioner,  page 
741  :    "All  penalties  against  slaves  or  free  persons  of  color  returning  to  the  ' 
State  are  remitted  in  behalf  of  persons  leaving  the  State  during  the  preseot 
war,  in  any  occupation  connected    with   the  military  service  of  this  State  or 
the  Confederate  States." 

Also,  marginal  reference  "A.  A.  18(31,  siii.,  58." 

Also,  marginal  abstract,  "  Free  negroes  leaving  the  State  in  an  employ- 
ment connected  jvith  the  military  service  entitled  to  return." 

At  same  page.  (41)  in  second  and  third  paragraphs,  for  "Union,"  read 
"  Confederacy." 

At  pa'j:e  42,  the  last  marginal  reference  to'  road  "A.  A.  1842,  xi.,  220, 
§15." 

At  page  43,  at  the  end  of  first  paragraph,  change  period  mark  to  comma, 
and  add  "  or  any  owner  of  a  plantation  who  shall  reside  in  the  vicinity 
thereof,  and  shall  reglarly  perform  patrol  duty  in  the  patrol  beat  in  ivhi^h 
such  plantation  is  situated." 

At  same  page,  alter  the  first  paragraph  succeeding  "  Greneral  Elections," 
(as  recommended  by  the  Commissioner,  page  741,)  to  read  : 

The  General  Elections  shall  be  held  biennially  on  the  first  Tuesday  after 
the  second  Monday  of  October,  in  the  year  one  thousand  eight  hundred  and 
sixty-two,  and  on  the  same  day  in  every  second  year  thereafter;  and  shall  be 
conducted  by  Managers  appointed  for  that  purpose  at  the  preceding  session 


13 

of  the  Legislature,  by  joint  resolution  of  the  two  Houses.  And  in  e^s'c  of 
a  vacancy,  by  the  death,  removal  from  the  district  or  parish,  or  refusal  to 
serve  on  the  part  of  a  Manager  so  appointed,  his  place  shall  bo  filled  by  the 
delegation  from  the  district  or  parish  by  a-n  appointment  in  writing." 

Strike  out  marginal  reference?  to  said  paragraph,  and  insert  marginal  ref- 
erences to  same,  "Const.  ISll,  Art.  i.,  §  17;  A.  A.  IStiO,  xii.,  875,  1818, 
vi.,  94." 

At  page  44,  in  fourth  paragraph,  change  "  prosorvod  by  the  Managers"  to 
"tiled  by  the  Managers,  within  ten  days,  in  the  office  of  the  Clerk  of  the 
Court  of  the  Judicial  District  in  which  the  elections  shall  be  held,  except 
where  otherwise  provided  by  law." 

At  same  page,- strike  out  fifth  section,  and  insert  as  recommended  by  the 
Coniiiiissioner  on  page  741. 

At  same  page,  in  last  paragraph,  (which  ends  on  the  fortyiifth  page,) 
strike  oat,  "Nor  shall  any  vote  be  counted  if  found  to  have  been  given 
under  the  influence  of  a  bribe." 

At  page  45,  in  the  fourth  paragraph,  strike  out  "by  the  joint  resolution 
of  the  Legislature." 

In  next  paragraph,  after  "  Legislature,"  insert  "  or  fuil  to  perform  any  of 
the  othur.  duties  by  law  required  of  them  ;  and  alter  "  action  o1'  debt  "  to 
"  indictment." 

The  third  marginal  reference  on  same  patje  to  read  A.  A.  1787,  v.,  2,  §  2. 

At  page  46,  the  first  uiMrgiiial  reference  to  re;id  "Const,  of  So.  Ca. 
»  1861.  Art.  i.,  §  13. 

At  page  47,  in  first  paii^agraph,  the  sentence  commencing,  "  And  the  Man- 
agers," to  be  stricken  out. 

At  samT5  page,  second  paragraph,  eighth  line,  strike  out  "  or,"  and  insert 
"and  shall  be"  betwein  "  Legislature"  and  "  liable." 

At  same  page,  fifth  paragraph,  second  liiie  of  fifth  p.iragraph,  change 
"procured"  to  "procu/e." 

At  snme  page,  the  last  printed  marginal  reference  to  read  "A.  A.  1831, 
vi.,  443,  §  8.  . 

Add  margipal  reference  "A.  A.  1858,  xii.,  731." 

At  page  48,  in  first  paragraph,  strike  out  "half  the  pecuniary  penalty  to 
the  informer,  and  the  other  half  to  the  Commissioners  of  Public  Buildings 
of  the  liistrict  where  the  offence  was  committed." 

At  same  p.itre,  second  paragraph,  after  "State,"  insert  "  for  any  other 
person  whomsoever;"  strike  out  "hundred,"  and  insert  "  thousand"  in  ita 
place  ;"    also,  .'strike  out  all  of  same  paragraph  after  the  word  "  same." 

At  same  page,  the  second  marginal  reference  to  read  "A.  A.  1831, 
vi,443,  §9." 


14    , 

At  pacro  49,  in  first  paragraph,  lifst  line,  .sirike  out  ''one,'"'  and  iuscrt 
'"five,"  and  strike  out  all  of  same  paraf]jraph  after,  the  word  "  dollars  " 

At'sanje  pigo,  in  second  parajziraph,  .strike  out  "  one-half  of  the  lino  to  go 
to  the  informor,  and  the  other  half  to  the  use  of  the  State  " 

At  same  page,  in  fourth  paragraph,  strike  out  "  Monda\-,"  and  insert 
"Tuesday;"  add  marginal  reference  to  same  paragraph,  ''xV.  A.  ]S63, 
219." 

•  The  first  marginal  reference,  to  fifth  paragraph  of  same  page,  to  read  "  A. 
A.  18^^9,  xi.,  24,  §1." 

At  page  50,  strike  out  fifth  paragraph,  (commiincing  with  ih(2  words,  "  'Ihe 
Managers  shall  meet,"  etc,) 

x\t  same  page,  sixth  paragraph,  strike  out  "  votes  are  counted,"  and  insert 
"Managers  meet  to  examine  the  returns  and  declare  the  result." 

At  same  page,  in  first  marginal  reference,  alter  "36"  to  "24." 

At  page  51,  in  second  paragraph,  under  head  of-"  Regulations  peculiar  to 
St.  Phillip's  and  St.  Michael's,"  (being  fourth  paragraph  of  said  page,) 
strike  out  the  first  sentence,  and  in.sert  in' lieu  thereof  the  paragraph  recom'- 
meudcd  by  the  ^"lommissioner,  on  page  742,  to  be  inserted  in  place  of  the 
second  paragraph  of  page  51. 

In  the  luarginal  abstract,  alter  "  six"  to  "  ten." 

At  page  52,  strike  out  all  on  the  said  page  after  the  word  "established." 

At  page  53,  strike  out  the  first  two  paragraphs,  and  the  note  between 
them,  and  the  marginal  references,  (all  of  w'lich  are  to  be  inserted  in  page 
56.) 

Above  the  heading,  "  (a)  By  the  People,"  insert;  ;:eueral  head  stricken  out 
of  page  52,  to-wit,  "1.  Appointment."  In  18th,  iOth  and  20th  lines,  alter 
"35"  to  "24." 

At  page'54,  at  the  end  of  fourth  line,  add  "  1819,  vi.,  120."  In  ninth 
line,  alter  "  154"  to  "lOS."  , 

At  page  55,  in  second  line,  for  "1843,  xi.,  2G9,"  put  "  1859,  xii., 
753." 

la  fifth  line  the  Commission  recommend  that  "four"  be  inserted  in  place 
of  "three,"  and  that  the  reference  in  sixth  line  be  stricken  out. 

In  tenth  line,  alter  "  124"  to  "87." 

In  eighteenth  line,  alter  "  12"  to  "  13." 

Strike  out  twenty-first  and  twenty-second  lines. 

At  page  56,  after  the  end  of  the  Article  ending  on  the  seventh  line,  in,gtirt 
as  separate  paragraphs  the  two  first  paragraphs  on  page  53,  with  the  note 
between  them  and  the  marginal  references,  .which  were  directed  to  be  strick- 
en from  page  53,  and  to  be  transposed  to  page  56.  Also  insert  the  following 
paragraph  : 


If) 

"  No  officer  ejected  to  any  neeuiiiary  office  in  this  State,  I'ne  euolutnent 
of  wliioh  shall  exceed  .seven  liuudred  dollars  per  anuuni,  s>hall  hold  any  other 
office  of  eiuolunKiit  under  this  State  or  the  Confederate  States ;"  and  the 
marginal  reference  "A.  A.  1787,  v  ,  21." 

In  second  paragraph,  under  the  head  of  "Qualification,"  after  the  word 
^'  States,"  insert  "  of  America." 

Add  to  same  paragraph,  "  and  shall  also  take  such  other  special  oaths,  not 
repugnant  to  .the  Constitution,  as  may  b^  prescribed  by  the  General  As- 
sembly." 

The  first  marginal  reference  under  the  liead  of  "  Qualification,"  to  read 
*'  Constitution  of  C.  S-,  Article  vi.,  §  4." 

In  marginal  reference  below,  strike  out  A.  A.,  1834,  i.,  l96." 

At  page  57,  in  sixteenth. line,  .strike  out  "  United  States  of  America, "  and 
insert  "  State  of  South  Carolina  " 

In  thirty-third  line  (paize  57,)  change  "oath"  to  ''oaths,"  and  insert  a 
comma,  and  the  word  "  probate"  after  "oaths."  » 

In  thirty-fourth  line,  change  "security"  to  "securities." 

The  last  marginal  referenct-  to  read  "A.  A.  18o9,  xi.,  79,  §  37." 

At  p:;ge  58,  in  third  line,  change  period  mark  to  comma,  aiiiiadd  "when- 
ever called  on." 

In  'SSd  and  24th  lines,  strike  out  "  of  the  bond,  shall  be  received  as  a 
surety,"  and  insert  in  lieu  thereof  "  lor  which  he  offers  himself  as  surety, 
shall  be  accepted  as  such." 

In  last  marginal  roferetice,  change  '*37"  to  "  25." 

Add  marginal  reference  "  A.  A.  1846,  364,  §  7." 

At  p:ge  59,  at  foot,,  change  period  mark  to  comma,  and  add  "the  original 
bond  not  to  be  cancelled  or  impaired  thereby." 

At  page  CO,  at  the  end  of  first  paragraph,  change  period  mark  to  comma, 
and  add   "and  the  original  boiid  not  to  be  cancelled  or  impaired  thereby." 

In  second  paragraph  strike  out  "the  party,"  and  in.sert  in  place  thereof 
'•any  such  public  officer." 

At  page  61,  in  second  paragraph,  strike  out  "any  public  olficer.in  this," 
and  insert  in  lieu  thereof  "  either  of  the  Treasurers  of  the,"  and  strike  out 
"  such  public  officer,"  and  insert  in  place  thereof  "  the  Trea.<urer." 

Strike  out  third  paragraph  (commencing  with  the  words,  "  If  any  Clerk," 
etc.,)  marginal  reference  and  abstract.  • 

At  pase  62,  the  second  marginal  reference  lo  read  "  Cuu&titution,  Art. 
v.,  §3."^ 

Same  page,  the  marginal  reference,  to  last  paragraph,  to  read  "  Constitution 
of  South  Carolina,  Art.  v.,  §  5." 

At  page  Go,  seventh  line,  strike  out  '•  is/'  and  insert  "  shall  be." 


lu  tliird  paragraph,  after  "Surveyor-General,"  insert  "Master,  Commis- 
sioner, or  Register  in  Equity,  Clerk  of  the  Court  of  Common  Pleas,  Qrdiuarj 
or  Sherifi'." 

At  page  64,  ill  seven  line,  between  "oppression,"  and  "he,"  insert  "in 
addition  to  his  liability  to  any  party  aggrieved." 

At  page  66,  the  second  margi'^al  reference  to  read  "lb.,  Art.  i.,  §  11. 
Senate,"  and  add  uuirgiual  reference  to  same  paragraph,     "  Ib.^  §  12." 

The  marginal  ro^'ereuce  to  last  paragraph  to  read,  "  lb-.  Art.  i.,  §  5.  House 
of  Representatives." 

At  page  67,  in  fourth  and  fiffrh  lines,  strike  out  "shall  be,"  and  insert  in 
lieu  thereof  "was*."  In  fifth  line,  between  "and"  and  "nine,"  insert 
"fifty."  In  the  sixth  line,  between  "and"  and  "  in,"  insert  "shall  be 
made." 

In  third  paragraph  strike  out  "  but  the  first  apportionment  shall  be  found- 
ed upon  the  tax  of  the  preceding  year;  excluding  from  the  amount  thereof 
the  whole  produce  of  the  tax  on  sales  at  public  auction." 

In  fourth  paragrapli,  strike  out  "these  amendments,"  and  insert  "  Section 
fifth." 

Add  uiargiual  veCcrcnces — to  second  paragraph,  "Art.  i.,  §  7j"  to  third 
paragraph,  "lb.,  §  8;"  to  fourth  paragraph,  "  lb.,  §9;"  and  to  fifth 'paragraph-, 
"lb.,  §10." 

At  page  68,  strike  out  "  Claremont  three." 

Strike  out  "  Liberty  or  " 

Add  marginal  reference  opposite  to  "Marion,"  to-wit :  "A.  A.  1861, 
xii.,  955." 

At  page  69,  between  sixth  and  seventh  line,  insert  "  Sumter  three." 

In  last  paragraph,  alter  "General  Assembly"  to  "  Legislature  ;"  after 
the  word  "States,"  insert  "of  x\iuerica;"  and  after  the  word  "Peace,"  in- 
sert "  Justices  of  the  County  Court." 

Add  marginal  refereuce  opposite  "  Sumter,"  to-wit:  "  A.  A.  xii,,  955." 

The  first  printed  marginal  reference  to  read  "Constitution,  Art.  i  ,§  16;" 
the  second,  to  read  "  Constitution,  Art.  i ,  §  15;"  the  third,  to  read  Con- 
stitution, Art.  i.,  §  29." 

Change  "  U,"  in  last  marginal  abstract,  to  '.*C." 

At  page  70,  in  first  line,  after  "  States,"  insert  "  of  Aiuerica;"  in  sccorid 
linef  after  "either,"  add  "house." 

In  third  paragraph,  omit  parenthesis.  .  After  "States,."  insert  "of  Amer- 
ica." In  eighth  Hue  of  same  paragraph,  strike  out  ".a."  In  tweii'th  line 
of  same,  change  "General  Assembly"  to  "  Legislature." 

In  fourth^  paragraph,  before  "  second,"  insert  "  Tuesday  after  the." 
Strike  out  "  See  also  xii.,  834." 

In  sixth  paragraph,  second  line,  for  "days"  read  "day."     In  third  line, 


17 

change  "shall"  tn  "should."  TUo  first  marp;inal  rcferenoe  to  read  "  Th  ,  § 
31  "  The  second  to  read  '•  Constitution,  Art.  i.,  §  13."  The  third  to 
be  sticken  out.  In  the  fourth,  change  "  10  "  to  "  17."  In  the  sixth, 
change'"' 22"  to  "30." 

At  page  71,  the  first  marginal  reference  to  read  "Constitution,  Art.  i.,  § 
17."  The  third  to  read  "  Constitution,  Art.  i.,  §  19."  The  fourth  to  read 
"  Constitution  Art.  i.,  §  27."  The  sixth  to  read  "'  Constitution,  Art.  i  ,  § 
20." 

At  page  72,  in  twenty-fourth  line,  strike  out  "  atid  amendment  of  1834, 
i.,  196."  Insert  "See  Ante,  p.  5(>."  In  fourth  marginal  reference;  alter  to 
read  "  Constitution,  Art.  i.,  §  26."  In  seven^i,  alter  "  14  "  to  "  22."  In 
eighth,  alter  "11,  12,  13,"  to  "18,  19,  20." 

At  page  73,  strike  out  "  Commissioners  of  Location." 

In  fifth  .marginal  reference,  alter  "  17  "  to  "  25." 

At  pase  7-1,  in  sixth  paragragph,  in  second  line,  between  "read"  and 
"  three,"  insert  "  on."  In  same  line  of  same  paragraph,  strike  out  "  times," 
and  insert  in  its  place  "several  days  "  In  next  line,  between  "  and"  and 
"three,"  insert  "  on  "  In  same  line,  alter  "times"  to  "several  days." 
In  next  line,  between  "to"  and  "by,"  insert  "at  the  second  and  third 
readings  "  In  same  line,  strike  out  "  both  branches  of."  In  the  nextljne, 
after  "  representation,"  insert  "  in  each  branch."  In  seventh  lin*e  of  same 
paragraph,  change  "to"  to  "of."  In  ninth  line  of  same,  change  "the" 
to  "  their."  In  tenth  line,  change  "  both  branches  "  to  "each  branch." 
In  eleventh  line,  strike  out  "  three  times." 

In  first  marginal  reference,  change  "  16"  to  "  21." 

In  .third,  change  "  15"  to  "  23." 

In  fourth  marginal  reference,  to  same  page,  {_74,)  change  "20"  to  "28." 

In  sixth  marginal  reference,  to  "  Art.  xi."  add  "§  1." 

To  sixth  paragraph,  add  marginal  reference  "  lb.,  §  11." 

At  page  75,  in  last  marginal  reference,  change  "  112  "  to  "78." 

At  page  76,  the  last  paragraph  to  read  as  follows  :  "  No  person  shall  hold 
the  office  of  Governor  and  any  other  office,  civil -or  military,  except  in  the 
militia,  either  iu  this  State,  or  under  any  State,  or  under  the  Confederate 
States  of  America,  or  any  other  power,  at  one  and  the  same  time." 

At  page  77,  in  last  paragraph,  after  "'  States,"  insert  "  of  America."  In 
marginal  references,  change  "  23  "  to  "31." 

At  page  79,  alter  the  third  paragraph  to  read  :  "In  case  of  a  vacancy  in 
the  office  of  Justice  of  the  Peace,  during  the  recess  of  the  Legislature,  the 
Governor  is  authorized  to  fill  the  office  by  appointment  until  the  next  suc- 
ceeding session."  ' 

In  fourth  paragraph,  after  "  Coroner,"  iusert  "  during  the  recess  of  the 
Legislature;"  and  in  same  paragraph,  alter  "shall  be  "  to  "  is." 
3 


18- 

In  fifth  paragraph,  after  "vacancy,"  insert  "occasioned  thereby." 

Alter  the  ninth  paragraph  to  r^a''  as  follows:  "  In  case  of  sickness,  or 
for  any  proper  cause,  a oy  Judge,  Attorney-Geaeral,  Treasurer,  Register  of 
Mesne  Conveyance,  Secretary,  of  State,  or  Surveyor-General,  may  be  author- 
ized by  the  Governor  to  leave  the  St:vte  for  a  reasonable  time." 

In  third  niargin'al  reference,  alter  "  71  "  to  "  49." 

Strike  out  fifth  marginal  reference,  "  184G,  xi.,  364." 

In  sixth,  change  "  U  "  fo  "  C." 

At  page  80,  in  second  paragraph,  after  "  absence,"  insert  "  from  Charles- 
ton." Strike  out  the  two  last  words  of  same  paragraph,  to-wit,  "  of  Charles- 
ton."    . 

In  fourth  paragraph,  after  "  slavos,"  change  period  mark  to  comma;  add 
•'  temporarily." 

Add  marginal  rcforcuce  to  fifth  paragraph,  '*  See  Ante,  p.  41." 

Strike  out  last  marginal  reference,  to-wit,  "  ximendment  of  1828." 

At  page  81,  to  second  paragraph,  add,  (as  recommended  by  the  Commis- 
sioner on  page  742,)  as  provided  by  Article   v.,    §   5,  of  the  Constitution." 

In  last  marginal  reference,  alter  "  37"  to  "  25." 

At  page  82,  in  first  line,  for  "  held  his  offices,"  read  "keep  an  office  ;"  and 
as  recommended  by  the  Commissioner  on  page  742,  strike  out  MjIc  and  the 
.  whole  of  it,  and  in  its  place  insert : 

"  All  the  records,  books  and  papers  belonging  to  the  office  of  Superin- 
tendent of  Public  Works  shall  be  transferred  to  the  office  of  Secretary  of 
State,  as'  part  of  the  records  of  his  office.  Copies  of  the  same,  'when  required, 
shall  be  delivered  on  payment  of  the  usual  fees." 

Add  marginal  reference  "A.  A.  1856,  xii.,  520." 

At  page. 83,  in  the  fifth  paragraph,  under  the  head  of  "  Appointment  and 
Qualification,"  alter"  securities,"  insert  "  to  be  approved  bytl*  Governor." 

At  page  86,  in  marginal  references,  strike  out  "  A.  A.  1840,  xi.,  364." 

At  page  88,  in  fifth  paragraph,  after  "  Council,"  insert  "of  Charleston.'' 

After  sixth  paragraph,  add  the  following  paragraphs  : 

"  The  Comptroller  shaircollate  the  reports  of  Uailroad  Companies  annually 
made  to  him  in  one  general  abstract,  and  publish  the  same  in  his  annual 
report." 
.  With  marginal  reference,  "A!  A.  18-61,  xiii.,  67." 

"  He  shall  also  report,  auy  Railroad  Company  failing  to  report  to  him 
according  to  law." 

Witt  marginal  reference,  "Ibid." 

In  first  paragrapii,  after  "  Contingent  Accounts,"  insert  "  on  or"  between 
"  same"  and  "before." 

In  secopd  marginal  reference,  strike   out  "  and  1816,"  and  "  xi., 'J57." 


19 

At  page  89,  uuder  heading  '•  5.  Banks,"  transpose  the  two  first  para- 
graphs, making  the  second  first,  and  the  first  second. 

At  page  90,  strike  out  "6.  llegistration  of  Births,  Marriages  and 
Deaths,"  and  the  paragraph  under  that  head  ;  also,  accompanying  marginal 
reference  and  abstract. 

Change   the   numbers   "7,"   "8"  and    "9"   underneath,   to  "6,"   "  7"  »    * 
and  "8/' 

At  page  91,  to  second  marginal  reference,  add  ''§  1." 
^     At  page  94,  strike  out,  in  third  paragraph,  the  second  sentence,  (which 
commences  with  the  words  "In  case.") 

In  last  paragraph,  after  "Slate,"  change  period  msirk  to  comma,  and  add, 
"except  in  favor  of  Annuitants." 

In  the  parenthesis  below,  after  "  Moneys,"  insert,  within  the  parenthesis 
mark,  "p.  112."  • 

In  second  marginal  reference,  alter  "  20"  to  "21  " 

At  page  95,  the  paragraph  under  lif-ad  "  (c  )  As  to  Sheriff's  and  Coroners," 
to  read  ad  follows  : 

It  shall  be  the  duty  of  the  Sheriff  and  Coroner  to  collect  and  pay  over  to 
the  Treasurer,"  in  whose  division  he  may  reside,  the  amount  of  all  tax  execu- 
tions  delivered  to  them  hj  the  Tax  Collectors  of  the  District,  within  six 
months  from  the  date  of  receiving  the  same ;  and,  in  default  thereof,  it 
shall  be  the  duty  of  the  Txeaeurer  to  issue  executitn  against  such  Sheriff 
or  Coroner  for  the  whole  aoiount  expressed  in  such  execution,  with  interest 
thereon  at  the  rate  of  five  percent,  per  mouth  from  the  time  he  thould  have  ^ 

paid  the  same:    Provided,  that  Sheriffs  a;cd  Coroners  be  allowed  credit  for 
nulla  bona  executions." 

At  page  96,  in  fourth  line  of  thiid  paragraph,  strike  out  "  tliT^  appropria- 
tions for  internal  improvemeflts,  or."     In  next  line,  strike  out  "other." 

In  first   line  of  last  paragraph,  after  "direction,"  insert  "of  any  Board." 

In  first  margiti;il  reference,  alter  "  1620  "  to  "1823." 

Add  marginal  reference  to  fourth  paragraph,  "A.  A.  1799,  v.  36S  " 

At  pjjge  4)7,  add  marginal  reference,  (to  second   paragrapli,)  "lb,  §  9." 

At  page  98,  strike  out  the  fifth  p:fragraph,  (having  reference  to  the 
Catawba  Indians,)  as  superseded,  (as  recommended  by  the  Commissioner  on 
page  742,  he  styling  the  same  the  fourth  paragraph). 

In  sixth  paragraph,  after  "Governor,"  insert  "for  interchange  with 
other  States  " 

In  seventh  paragraph,  alter  "  Districts"  to  "Divisions." 

Strike  out  eighth  paragraph,  (which  ei.ds  on  the  99th  page,)  with  mar- 
ginal reference  and  abstract. 

In  first  marginal  reference,  change  "  411  "  to  "409." 

At  page  99,  strike  out  first  paragraph,  (which  begins  on  page  98). 


20 

In  the  first  paragraph,  after  "III.  Penalties  for  Official  Misconduct/'  in 
second  Hue,  before  "in,"  insert  "only."  In  third  line,  strike  out  "only," 
and  insert  "or  its  Branches.." 

Tn  next  paragraph,  second  line,  strike  cmt  "him  or  her." 

In  first  marginal  reference, -strike  out  "and  0." 

At  page  101,  in  last  paragraph,  first  line,  strike  out  "  begins,"  aud  insert 
"shall  be^n.''  In  same  line,  after  "October,"  insert  "in  every  year,", 
and  strike  out  "  and  "  in  same  line.  In  second  line,  strike  out  "  the  era 
dates  from  the  first  day  of  October,  178S."  j 

At  page  102,  in  fourth  paragraph,  fiffh  lino,  -trike  out  "on  lands  and 
negroes.*'     In  seventh  line,  change  "  is  situated  "  to  "  taxed  is  located." 

In  next  paragraph,  after  "Treasurers,"  insert  "and  pay  the  taxes  there- 
on." 

Between  the  said  fourth  and  fifth  p:iragraphs,  insert  the  following  para- 
graph- :  t 

"  It  shall  be  the  duty  of  the  Tax  Collector  or  Assessor  of  the  Di.strict  or 
Parish,  to  whom  returns  are  made  of  property  situated  in  other  District's  or 
Parishes,  to  give  immediate  notice  thereof,  and  the  names  of  the  owners 
to  the  Collector  of  the  District  or  Parish  where  the  property  is  situated,  to 
the  end  that  the  taxes  thereon  may  be  collected." 

At  page  103,  in  connection  vdth  the  second  paragraph,  the  Commission 
I'ccommend  that  the  sixth  section  of  the  Act  of  1803  to  raise  supplies  (A. 
A.  xiii.  181)  be  not  incorporated  in  the  Code. 

In  third  paragraph,  in  first  line,  after  "on,"  insert  "  and  sold;"  in  third, 
line,  foi  "incompetency,"  read  "non-compliance." 

In  fifth  paragraph,  for  "  charge,"  read  "lien."  In  connection  with  this 
paragraph  tlie  Commission  recommend  that  the  words  "  for  or;e  ycv;r,"  in 
the  fifteenth  section  of  the  Tax  Act  of  IS-lo,  (A.  A.  xi.,  248,)  be  not  incor- 
porated in  the  Code,  (the  said  words  having  been  omitted  by  the  Commis- 
sioner.) 

At  same  page,  (10'j,)the  last  paragraph  to  read  :  * 

"  If  the  party  making  the  return  shkU  happen  to  die  before  payment,  his 
executor  or  administrator  shall  discharge  the  Tax  out  of  the  assets  which 
came  into  his  hands,  if  sufficient;  and,  on  his  failure  so  to  do,  execution 
shall  issue  against  him  personally,  as  in  case  cf  his  own  default." 

•  At  page- 104,  in  first  paragraph,  first  line,  after  ■'shall,"  "remove  or."  In 
same  line,  after  ".remove,"  insert  "himself  or  his  property."  At  the  end 
of  same  paragraph,  change  period  mark  to  comma,  and  add,  "unless  such 
person  shall  give  security,  to  be  approved  of  by  the  Collector,  for  the  pay- 
ment thereof  at  the  time  appointed." 

In  third  paragraph,  third  line,  strike  out  "  at  the  present  session  or  here- 
after," and  insert  in  lieu  thereof,  '  by  law." 


21 

In  marginal  abstract  of  second  paragraph,  between  "  lleturn  "  and 
''  may,"  insert  "  of  Capitation  tax." 

At  page  105,  in  fifth  line  of  second  paragraph,  insert,  as  recommended 
by  the  Commissioner,  on  page  742,  ''  The  Clarendon  Society,  'iho  High 
I'iills  of  Santce  Societj'." 

Add  luargiiial  references  to  fourth  paragraph,  '•  V.  A.  lS6u  and  A.  A. 
18G1.*' 

At  page  106,  the  second  paragrapl',  under  the  bond  of  "  Tax  Collector," 
to  read  : 

"  They  shall  liold  office  for  four  years,  and  until  a  successor  shall  be 
elected  and  shall  qualify." 

Strike  out  second  marginal  abstiaot  to  said  paragraph. 

The  first  marginal  abstract  to  said  pargraph,  to  read  "  Tirin  of  ofiico." 

At  same  page,  (106,)  in  fourth  paragraph,  after  "  Tax  Collect  )r,"  (which 
commences  with  the  words  "  Before  receiving,"  otc..,)  the  Commission  re- 
commend to  the  Legislature,  to  strike  out  the  words  in  said  p.iragr;iph, 
beginning  with  "  except,"  down  to  end  of  paragraph. 

Strike  out  sixth  paragraph,  (which  commences  with  the  words  "  His 
Bond'"  etc  ,)  also  marginal  references  and  marginal  abstract  thereto.. 

At  page  107,  after  the  form  of  oath  insert  : 

"  For  further  oath,  see  Stat,  iii.,  282,  §  29;  and  Miller's  Compilation, 
page  161." 

The  next  paragraph  to  jcad  : 

"  For  the  time  within  which  to  qualify  and'  to  file  Bonds,  see  Elections, 
Arc.  ii.,  p.  59." 

In  the  second  paragraph,  under  the  head  "(b.)  Duties,"  strike  out  ""  a 
duplicate." 

At  page  111,  in  third  line  of  second  paragraph,  strike  the  Commission 
recommend  that  "  duplicate  "  be  stricken  out. 

In  eighth  line  of  next  paragraph,  strike  out  "  against  them."  Strikeout 
next  two  lines,  being  two  last  lines  on  page  111. 

At  page  112,  strike  out  the  first  four  lines. 

The  second  marginal  reference  to  relid  :  "A.  A.  1846,  xi.,  868." 

Strike  out  last  paragraph,  (being  last  fives  lines  of  page  112,  with  margi- 
nal reference  and  abstract. 

At  page  113,  strike  out  first  paragraph,  (being  the  first  fifteen  lines  of 
said  page.) 

At  page  114,  in  first  line,  after  "  Board,"  insert  "  who  are  or  may  be." 

In  the  margin,  after  marginal  abstract  '' Returns  to  Boards,"  insert  mar- 
ginal references,"  A.  A.  1843,  xi.,  248,  §  10." 

At  page  115,  in  the  third  paragraph,  under  the  head  "  (e.)  Pcnaltiea," 
the  Commission  recommend  that:    "one-half  of  which  penalty  shall  b<i  for 


the  use  of  tlie  State,  and  the  other  half  for  the  use  of  the  prosecutor,"  be 
stricken  out. 

To  last  parairrapli  add,  marginal  comment,  "word  'expenses'  new  " 

At  page  116,  in  second  paragraph,  strike  out  "qui  tain  ;"  also,  "one-half 
for  the  use  of  the  State,  and  the  other  half  for  the  use  of  the  infm-iner." 

In  third  paragraph,  after  "  General,"  change  semicolon  to  period  mark, 
and  strike  out  the  remainder  of  said  third  paragrapii. 

The  second  paragraph  under  the  head  "  (f.)  xissessor,"  (which  paragraph 
commences  with  the  words  "  T^e  Assessor,")  to  read  : 

The  Assessor  of  St.  Philip's  and  St.  ^fichael's-  shall  be  appointed  by  the 
Legislature,  a-ju  shall  hold  his  office  for  four  years,  and  until  a  successor  shall 
b«  elected  and  qualified." 

Between  fourth  and  fifth  marginal  references,  on  same  page,  insert  "  A. 
A.  1825,  vi..  276,  §  13,"   ■ 

Strike  out  sixth  and  seventh  printed  marginal  references  on  same  page. 

At  page  117,  the  Commission  recommend  that  the  paragraphs  third  and 
fourth,  under  the  head  "  (g.)  Local  Regulations, "  be  stricken  out. 

At  page  118,  strike  out  marginal  references  "A.  A.  1799,  v.,  356,"  and 
"1807,  v.,  546." 

At  page  119,  in  second  line  of  fifth  paragraph,  insert  as  recommended  by 
the  Commissioner  on  page  742. 

At  the  end  of  same  paragraph,  strike  out  "  the  balance,"  and  insert  "  any 
balance  due." 

"At  page  120,  the  Commission  recommend  that  the  second  paragraph, 
with  the  marginal  reference  and  abstract,  be  stricken  out. 

At  page  121,  the  Commission  recommend  that  the  words  "for  executing 
the  warrants  of  survey,  issued  by  him,"  in  sixth  paragraph,  be  stricken  out. 
Also  that  the  words  :  "  The  deputies ^o  appointed  shall  be  called  hiwful  sur- 
veyors," directed  by  the  Commissioner,  on  page  'f43,  to  be  addod  to  said 
sixth  paragraph,,  be  not  added. 

The  Commission  also  recommend  that  the  whole  article,  under  the  head 
"11.  Duties,"  cou'mencing  on  page  121,  and  ending  on  page  122,  with  its 
caption,  and  the  words  directed  by  the  Commissioner,  on  page  743,  to  be 
added  thereto,  be  stricken  out. 

At  page  122,  the  Commission  having  recommended  the  striking  out  of 
the  Article  entitled  "'  II.  Duties,"  they  recommend  that  in  the  caption  of 
the  next  Article,  to-wit :  "III.  Penalties  for  Official  Misconduct,"  "  III." 
be  altered  to  "  II." 

At  page  128,  the  first  sentence  in  first  paragraph  after  the  caption,  "I. 
IIow  Appointed,"  to  read: 

"  One  Justice  of  the  Peace  shall  be  appointed  by  resolution  of  the  Gen- 


"     23 

erul  Assembly  in  eauh  Beat  Company  throughout  the  SttitOf  and  two  in  each 
corporate  Towu  and  Court  House  Village  " 

In  next  p;iragraph,  after  "years,"  insert,  ''and  thence  for  forty  days 
after  the  end  of  the  session  of  the  Legislature  at,  during  or  after  which  such 
appointuient  shall  expire." 

In  same  paragraph,  strike  out  "or  Magistrate." 

Iq  last  paragraph,  strike  out  "or  Magistrate." 

In  the  margin,  after  "Term  of  oflSce,"  insert  marginal  reference,  "A.  A. 
1839,  xi.,  22,  §  1." 

The  last  marginal  reference' to  road,  "A.  A.  1839,  xi.,  14,69,  78,  8i." 

At  page  124,  in  the  third  line,  at  the  end  of  the  form  of  oath,  insert, 
"and  shall  also  take  the  oath  against  gaming;"  insert  marginal  reference, 
"Stat,  vi.,  27."  ■ 

The  first  sentence  in  last  paragraph  to  read  : 

"  Every  Jilstice  of  the  Peace  shall  have  civil  and  criminal  jurisdiction 
throughout  the  Judicial  District  in  which  he  resides,  and  his  warrant  shall 
authorize  the  arrest  and  detention,  in  any  District  of  the  State,  of  any  per- 
son charged  with  an  offence  before  him." 

In  second  printed  marginal  roicrence,  change  "41  "  to  "  28." 

In  the  fourth  printed  marginal  reference,  change  "21"  to  "  14." 

At  page  125,  in  the  first  four  lines,  strike  out  all  after  "  District,"  and 
insert  "  indicted,  and,  if  found  guilty,  punished  as  for  a  misdemeanor  at  the 
discrr.tion  of  the  Court."    -Then  im^LM-t  the  following  paragraph  : 

"  Whenever  there  shall  be  an  indictment  for  any  offence  committed,  in 
his  view,  the  Justice  shall  be  the  prosecutor,  and  he  shall  bind  in  recog- 
nizance all  the  neces.^ary  witnesses." 

In  second  printed  paragraph,  last  sentence,  between  "  a!so  "  and  "  the," 
insert  '•  in  case  of  felonies." 

In  third  and  fourth  lines  of  next  paragraph,  strike  out  "  by  a  new  war- 
rant, or  the  old  warrant  backed  by  a  Justice  of  the  District." 

In  same  paragraph,  strike  out  last  sentence. 

In  last  marginal  reference,  change  "  22  "  to  "  14." 

At  page  12G,  between  second  and  third  paragraphs,  insert: 

"  Recognizances  entered  into  before  a  Justice,  shall  be  according  to  the 
following  scale  :  • 

"  First:  If  the  offense  charged  be  punishable  with  fine  and  imprison- 
ment, or  eithor,  the  recognizance  of  the  accused  shall  not  be  for  less  than 
two  hundred  dollars;  and  if  the  fine  be  specified  or  limited  by  statute,  it 
shall  not  be  for  less  than  the  grcatc.-<t  extent  of  such  fine. 

"Second:  If  corporal"  punishment  shall  or  may  be  imposed,  it  shall  not 
be  for  less  than  three  hundred  dollars. 

"The  recognizance  of  any  prosecutor  or  witness  in  case  of  misdemeanor, 


24: 

shall  not  be  for  less  than  une  imndi-eil  dollars;  -an'.l  in  case  of  capital  felony, 
for  not  le.«?  than  five  hundred  dullars ;  though,  in  all  cases,  the  Justice  shall 
cause  the  same  to  be  in  such  lariicr  amount  a<^  the  circunistances  may  seem 
to  require."  i 

In  third  printed  paragraph,  in  eigth  line,  chansre  *'  the"  to  ''  any,"  be- 
tween "  in"  and  "  District,"  and  change  '•  Justice"  to  "  District."  In  nipth 
line  strike  out,  "  issuing  the  same."  At  thecnd  of  same  paragraph  change 
period  mark  to  semicolon,  and  add,  "  provided  that  no  Justice  shall  receive 
any  fees  for  issuing  more  than  one  warrant  for  witnesses  upon  the  part  of 
the  State,  or  of  the  partly  accused  in  the  same  case,  unless,  upon  the  second 
or  other  application,"  oath  shall  be  made  that  the  prosecutor' or  accused  was 
not  aware  at  the  issuing  of  the  previous  warrant  of  the  materiality  of  such 
witness." 

At  page  127,  ih  first  paragraph,  fourth  line,  strike  out,  "as  heretofore 
prescribed  by  law." 

In  third  paragraph,  seventh  line,  strike  out  "the  District  of  tlie  Justice," 
and  insert  "this  State." 

At  the  end  of  third  paragraph,  change  period  mark  to  colon,  and  add, 
"and  if  such  offender  be  committed  within  a  district  in  which  the  offence 
.  caunot  be  tried,  the  Justice  ordering  the  arrest  shall  issue  his  warrant  for 
the  removal  of  the  offender  and  witnesses  to  the  proper  district." 

In  fourth  paragraph,  before  "cognizance,"  insert  "exclusive." 

After  fifth  marginal  reference,  insert  "  A.  A.  1824,  vi.,  239,  §  2." 

In  seventh  marginal  reference,  change  "  26"  to  "  17." 

At  page  128,  the  first  three  lines  to  read,  "  shall  be  his  duty  to  issue  a 
summons  under  his  hand  and  seal,  together  with  a  copy  thereof,  and  a  copy 
of  the  cau?e  of  action  endorsed  on,  or  annexed  thereto,  directed  to  any  Con- 
stable, and  requiring*  him  to  summon  the  defendant  before  him,  Or  some 
other  Justice,  by  delivering  to  the  defendant  a  copy  of  such  summons,  or 
living  the  same  at  his  usual  place  of  r-esidence,  at  least  five  days  before  the 
day  of  trial,  unless  the." 

In  second  paragraph,  strike  out  "  day  of  the  month,"  and  insert  "  time 
and  place  of  appearance." 

At  the  end  of  third  paragraph,  change  period  mark  to  comma,  and  add, 
"and  the  Justice  shall  enter  Iiis  judgment  in  his  book  of  civil  cases,  and 
issue  execution  thereon.  Nothing  herein  shall  prevent  any  plaintiff"  from 
proving  his  demand,  when  by  law  he  is  a.  competent  witness  :  And,  provided, 
also,  that  if  any  discount  he  set  up,  in  examining  the  same,  the  rule  shall  be 
reversed  as  to  the  right  of  being  first  sworn." 

In  fourth  paragraph,  first  line,  after  "  levied,"  insert  "  on  the  goods  and 
chatties  of  the  party  liable."     In  third  line,  strike  out  "  unless,"  and  all  the 


25 

remaining  part  of  the  paragraph,  and  insert*  "  at  any  time  within  four  years 
from  the  date  thereof." 

In  fifth  paragraph,  fourth  line,  strike  out  "plaintiff,"  and  insert  ''proper 
officer." 

In  first  marginal  reference,  alter  •'  26"  to  '•  17." 

In  third,  alter  "  26"  to  "  IT."  '  • 

In  sixth,  alter  "  26"  to  ''  18." 

At  page  129,  in  second  paragraph,  second  line,  change  "  warrant "  to 
"  summons." 

In  third  paragraph,  fifth  line,  after  ^'giving,"  insert  "notice  thereof  to 
the  Justice    within  two  days  from  the  notice  of  the  judgment  and  giving." 

At  the  end  of  same  paragraph,  insert: 

"  The  form  of  the  security  to  be  given  by  the  Appellant,  shall  be  as 
follows  : 

''  State  of  South  Carohna,    "1    A.  B. 

District.     )    CD.     Appeal  from  Justice. 

Appellant. 

"  I,  (or  we,)  hereby  agree  to  stand  security  for  the  Appellant  in  this 
case." 

To  be  signed  by  the  surety  or  sureties  %  the   presence  of  the  Justice. 

The  effect  of  which  undertaking  shall  be  to  suo-ect  such  surety  or  sure- 
ties and  the  Appellant  to  immediate  execution  from  the  Court  of  Common 
Pleas,  ibr  the  amount  of  costs,  or  for  debt,  interest  and  costs,  as  the  case 
may  be,  if  such  Appellant  fail  to  prosecute  such  appeal  to  effect,  or,  on  fail- 
ure thereof,  to  satisfy  the  costs  and  condemnation  of  the  said  Court." 

In  sixth  paragraph,  after  "  Dollars,"  insert  "  between  inhabitants  of  said 
Parishes." 

In  third  marginal  reference,  alter  "  27"  to  "  18." 

Strike  out  fourth  marginal  reference. 

In  sixth,  change  "  238"  to  "  239." 

In  last,  change  "  29"-  to  "  20." 

At  page  130,  in  second  marginal  reference,  change  "  27"  to  "  18." 

At  page  131,  at  the  end  of  second  paragraph,  change  period  mark  to 
semicolon,  and  add,**'  and  may  hbar  and  determine  any  application  of  Prison 
Bonds  Acts,  agreeably  to  their  provisions,  iu  cases  where  the  Acting  Clerk 
of  the  Court  of  that  District,  cannot  hear  and  determine  such  application 
by  reason  of  interest,  sickness  or  absence;  and  in  no  other  cases  whatever." 

The  fourth  paragraph  to  read  : 

"  Justices  shall  each  appcynt  one  Constable,  provided,  however,  that  any 
Justice  may  appoint  special  Constables  for  any  particular  occasions." 
3  ■ 


26 

Strike  out,  and  insert,  «s  recbmmended  by  the  Commissioner,  on  page 
743. 

At  page  132,  in  twelfth  paragraph,  at  the  end  of  first  sentence,  after 
"  State,"  insert  "  or  where  the  defendant  has  been  convicted  and  discharged 
by  reason  of  inability  to  pay  costs." 

Ill  next  paragraph,  strike  out  "  raal-practice  in  his  office,"  and  insert 
"  official  misconduct,  habitual  negligence,  habitual  drunkenness,  corruption, 
fraud  or  oppression." 

In  first  marginal  reference,  alter  '•'  155"  to  "  104." 

In  second,  strike  out  "  11." 

At  page  133,  strike  out  third  line,  and  insert  "  to  a  fine,  not  exccd- 
ing  one  thousand  dollars;  and  imprisonment,  not  exceeding  one  year;  and, 
nn  Bill  found,  no  traverse  shall  be  allowed."  •     • 

In  .«ccond  paragraph,  strike  out  "in  the' case  of  Justices." 

After  second  paragraph,  insert  following  paragraph : 

"  Any  person  who  may  take  u^on  himself  to  act  as  a  Justice,  without 
being  duly  appointed  and  qualified,  shall  bo  liable  to  indictment,  and,  on 
convictioh,  shall  be  fined  and  imprisoned  at  the  discretion  of  the  Court," 
with  marginal  reference  '^A.  A.  177-8,  iv.,  460." 

In  first  marginal  reference,  altfr  "  151"  to  "  106." 

Strike  out  paragraph  having  reference  to  William  Moultrie  Gibbes,  with 
marginal  reference. 

At  page '134,  in  first  paragraph,  strike  out  "  of  the  Quorum."  At  the  end 
of  paragraph,  change  period  mark  to  colon,  and  add,  *'  provided  that  six'of 
the  said  Justices  shall  always  be  residents  of  the  city  of  Charleston,  and 
the  other  two  residents' of  thd  other  parts  of  the  said  Parishes." 

At  page  136,  in  first  paragraph,  strike  out  "X^'oasurer  of  the  City,"  and 
insert  "  Tax  Collector  of  St.  Philip's  and  St.  Michael's." 

In  third  paragraph,  strike  out  "  Recorder  of  the  City  of  Charlc.'^ton,"  and 
insert  "Court  of  Common  Pleas." 

In  fourth  paragraph,  second  line,  strike  out  "where  the  sum  exceeds 
twenty  dollars,"  and  insert  in  margin  "A.  A.  1829,  vi.,  388,"  ;ts  recom- 
mended by  the  Commissioner  on  page  743. 

In  fifth  paragraph,  strike  out  "  Recordei*,"  and  insert  "Court  of  Common 
Pleas."  . 

^At  page  137,  the  firr-t  pargraph  to  read  :  * 

"  Treasurers  of  the  Upper  and  Lower  Divisions,  the  Clei-ks  of  the  several 
Courts  of  Record,  Judges  of  the  Courts  of  Ordinary,  Masters,  Commission- 
ers and  Registers  in  Equity,  Registers  of  Mesne  Conveyance  and  Notaries 
Public,  in  their  respective  districts,  shall,  upon  taking  the  oaths  required  of 
Justice.S;  have  and  possess,  all  the  powers  of  Justices,  except  as  to  the  trial 


of  small  and  mean  causes,  and  be  so.  far  regarded  as  Justices  of  the  Peace 
ex-officwr     Insert  in  margin  •'  1840,  xi.,  120,  §  29'." 

In  second  paragraph,  after  -'Village,"  insertion  taking  the  oaths  re- 
quired of  Justices,  except  for  the  trial  of  small  and  mean  causes."  After 
"Peace,"  in  third  line,  change  comma  to  period  mark,  and  strike  out  all  the 
remainder  of  ^nid  paragraph. 

The  second  printed  marginal  reference,  to  read  "  A.  A.  1840,^i.,  108." 

In  the  third,  strike  out  "  37,"  and  insert  "  25." 

At  page  138,  in  second  marginal  reference,  change  "  78"  to  "  54." 

In  third,  change  ''  78"  to  "52."     In  fifth,  change  "  37"  to  "  25'." 

Strike  out  fourth,  and  insert  "A-  A.  1830,  xi.,  2G,  §  1." 

At  page  139,  in  first  paragraph,  strike  out  second  and  third  sentences. 

In  twenty-seventh  printed  line  of  same  page,  insert  "  he, '  before  "shall 
produce." 

After  that  paragraph,  insert : 

"  For  further  oath,  se6  A.  A.  1031, -Stat,  iii.,  282,  §  20*;  and  Miller's 
Compilation,  p.   IGI." 

Alter  first  marginal  reference  to  "A.  A.  1839,  xi.,  26,  §  4." 

In  the  margin,  by  form  of  oath,  insert  "A.  A.  1839,  xi.,  26." 

In  fourtli  printed  marginal  reference,  change  "  11 "  to  "  28." 

At  page  140,  in  first  marginal  reiereuce,  change  "  39"  to  "  26." 

In  third,  change  "  39"  to  "  26." 

At  page  142,  in  second  line,  strike  out  "  verified,"  and  insert  "certified 
to."     In  third  and  fourth  lines,  strike  out  "and  certified." 

In  second  paragraph,  the  last  .sentence  to  read  :  "  When  the  Sheriff"  has 
begun  to  execute  a  writ  of  Fi.  Fa.,  by  making  a  levy  on  personal  property, 
and  has  not  sold  the  same  before  the  cxpiratioii  of  his  term,  he  shall  deliver 
such  property  to  his  succcs.sor  at  the  time  of  turning  over  such  books,  bonds 
and  process?,  taking  for  the  same  the  receipt  of  his  said  successor,  who  shall 
be  authorized  to  :?ell  such  property." 

In  second  marginal  reference,  change  "40"  to  "  27." 

In  third,  change  "  41"  to  "  28." 

At  page  143,  after  "  Sheriff,"  in  fourth  line,  insert,  "  and  such  Deputy 
Sheriff"  shall,  in  addition,  take  the  oath  a^jainst  gaming."  Insert  ii\  margin, 
"A.  A.  1816,  Stat,  vi.,  27." 

In  the  Note,  strike  out,  "  to  make  partition  of  Real  Estate,"  and  insert 
"  on  application  for  payment  to  an  Executor  or  Administrator  of  proceeds 
of  sale  of  real  estate."  • 

Between  two  last  paragraphs,  ipsert : 

"  For  Sheriff's  duty  on  sule  of  Real  Estate  for  partition  ordered  by  Ordi- 
nary.    (See  A.  A.  1839,  xi.,  45.") 

To  the  last  paragraph,  add  "A.  A.  ]831,  vi.,  432,  §  11." 


28. 

In  fourth  marginal  reference,  change  "  41"  to  "  28  " 
At  page  14-4,  in  second  paragraph,  strike  out  "  or  goods." 
In  second  line  of  third  paragraph,  change  "  nor  "  to  "  or." 
In  third  line,  atter  "  Ca.  Sa/'  insert  "or  a  Tax  Warrant." 
In  fourth   line,  insert   "  shall,"  before  "  any  person,"  and  "  be,"-  before 
"arrestedJ'  and  "or  damages,"  after  "debt." 

At  same  page,  (144,)  strike  out  the  ^ast  paragraph,  including  the  first 
three  lines  on  page  145,  and  in  lieu,  thereof,  insert : 

"  Every  bail  bond  shall  be  payable  to  the  Sheriff  or  his  successors  in 
oflSce,  and  may  be  assigned  and  sued  as  is  provided  by  law,  and  shall  con- 
tain- in  the  condition  a  provision  for  the  appearance  of  detendant  at  the 
Court  House  of  the  District,  to  answer  to  such  plea  as  may  be  expressed-in 
the  process  of  plaintiff,  at  the  term  of  the  Court  next  succeeding  the  return 
day  thereof,  if  the  party  has  been  served  with  the  process,  and  arrested 
before  or  on  that  day,  or  has  been  served  before  and  arrested  between  such 
day  and  term ;  and  if  bail  process  be  served  after  its  regular  return  day,  but 
before  the  next  term,  then  the  time  for  appearance  shall  be  expressed  in  the 
,boud,  to  be  the  second  term  of  the  Court  next  succeeding  the  return  day 
set  forth  in  such  process  ;  and  where  the  time  for  the  party's  appearance  has 
passed,  and  the  Sheriff  shall  be  required  to  take  bail,  the  time  to  be  ex- 
pressed in  the  bail  bond,  in  such  case,  shall  be  the  term  next  :-:uccceding 
the  time  when  the  bond  may  be  executed :  Provided,  the  defendant  shall 
gain  no  additional  imparlance,  by  reason  of  any  time  of  appearance,  to  be 
expressed  in  the  bail  bond;  and  if  the  bail  of  any  person  so  arrested  shall 
surrender  his  principal,  it  shall  and  may  be  lawful  for  the  Sheriff  to  take 
another  bond  and  surety  (as  often  as  such  surrender  may  occur)  of  such 
party  to  appear  at  the  place  mentioned  in  said  suit,  and  at  the  Court  next 
ensuing  such  surrender,  or  at  such  sucec'eding  Court,  as  the  circumstances 
of  the  case  may  require.  If  the  bail  of  any  person  arrested  b}'  process, 
issuing  from  the  City  Court  of  Charleston,  shall  surrender  his  principal,  it 
shall  and  may  be  lawful  for  the  Sheriff  of  said  Court  to  take  another  bond 
and  surety  (as  often  as  such  surrender  may  occur)  of  such  party,  to"  appear 
at  the  place  mentioned  in  said  suit,  and  at  the  Court  next  ensuing  such  sur- 
render, or  at  such  succeeding  Court  as^  the  circumstances  of  the  case  may 
require." 

At  page  144,  in  first  marginal  reference,  change  ''  41  "  to  "28." 
Annex  second  marginal  abstraci  to  second  paragraph. 
'  Annex  third,  fourth  and  fifth  marginal  abstracts  to  third  paragraph. 
'•  To  third  paragraph,  annex  marginal  references,  "  lb.,  §  13,"  and  "  A.  A. 
174,7,  P.  L.,  §  5." 

Strike  out,  in  margin,  "lb.,  §  12.,  and  "Special  Bail  form." 
At  page  ]45,  strike  first  three  lines. 


29 

The  second  paragrapii,  (couimencinir  "  Special  Bail,")  u»  red  : 
-  "Bail  may  suireuJer  tlioir  principal  to  the  Sheriff,  and  the  principal 
may  'surrender  himself,  without  previous  order  of  the  Court,  at  any  time 
before  the  end  of  the  term  to  which  the  service  of  effective  process  against 
the  Bail  has  been  returned;  the  Bail  first  paying  the  costs  of  the  process 
against  himself.'* 

At  page  146,  strike  out  first  paracrraph,  with  marginal  reference  and  ab- 
stract, and  insert  last  paragraph  on  page  147,  as  altered. 

In  second  paragraph,  after  "post  office,"  insert  "provided  the'address  of 
the  plaintiff,  his  attorney,  or  other  person  entitled  to  the  money,  be  en- 
dorsed on  the  execution  ;"  and  after  "hands,"  strike  out  remainder  of  para- 
graph, and  insert  "at  the  rate  of  five  per  rent  per  month  from  the  time  of 
such  default." 

In  fourth  paragraph,  eighth  line,  Joeforc  "attached,"  insert  "fined  and  to 
be." 

Striko  out  l.ist  paragraph,  with  marginal  reference  and  abstract. 
In  third  and  fourth  marginal  references,  change  "44"'  to  "30." 
At  page  147,  in  third  paragraph;, strike  out  "to   rule  and   attachment,"' 
and  insert  "as  herein  bef(jve  pn  vided." 

In  eighth  line  of  said  paragraph,  after  "  de::::itid,"  insert  "  at  the  rate  of 
five  per  cent   per  month." 

After  fourth  pai-agraph,  (which  ends  with  the  word  "  claims,")  insert : 
"  If  any  Sheriff  shall  fail  or  refuse  to  execute  or  return  final  process  in 
any  civil  suit,  or  pay  over  the  money,  as  aforesaid  when  demanded  that 
has  come  into  his  hands.as  Sheriff  to  the  party  entitled,  such  part}'  may 
suggest  to  the  Court  to  which  such  final  process  is*  returnable,  by  leave  of 
the  Court,  that?  with  due  diligence  the  same  could  ha\c  been  executed,  or 
having  been  collected,  that  the  money  has  not  been  paid  over  on  demand; 
and  ii  shall  be  tiie  duty  of  the  Court  forthwith  to  cause  an  issue  to  be  made 
up  to  try  the  facts,  and  if  it  shall  be  found  by  the  jury  trying  the  issue  that 
the  said  final  process  could  have  been  executed  with  due  diligence,  or  that 
the  money  having  been  collected  has  not  been  paid  over  on  demand,  judg- 
ment shall  he  rendered  again.'-t  the  said  Sheriff  and  his  sureties  for  the  debt, 
interest  and  costs,  tjgether  with  five  per  cent,  damages  as  above  provided: 
Provided,  That  three  days'  notice  shall  be  given  to  the  Sheriff  alleged  to  be 
in  default,  and  also  to  such  of  his  sureties  or  their  representatives  as  may 
be  found  in  the  District  ^liere  the  itsue  is  ti.i  be  tried,  of  such  application 
for  leave  to  lile  a  suggestion  :  Frovided  o  w,  that  the  provisions  hereof 
shall  be  deemed  cumulative,  and  no?  to  bar  or  affect  any  right  of  action  or 
other  proceeding  paw  authorized  by  law." 

Insert  in  margin  of  this  paragraph,  "A.  A..  1846,  359,  §  2." 

The  last  paragraph,  on  page  147,  to  read  as  follows,  and  to  be  inserted  as 


80 

the  lirst  par.igrapli  on   p:ige    146,  in  lieu  of  first   paragraph  on   page    146 
stricken  out. 

''It  sh:..l  be  the  ■luiy  of  the  Sheriff,  on  executions  lodged  with  him,  as 
long  as  the  a;cbiv'e  energy  of  such  execution  subfiists,  to  make  a  return  of  the 
same  at  every  intervening  term,  and  render  an  account  of  the  money  re" 
ceived  on  such  execution  since  the  last  terra,  and  the  reason  for  not  collect- 
ing so  much  as  remains  unsatisfied." 

In  second  marginal  reference,  change  "l5"  to  "38." 

At  page  148,  in  first  paragraph,  strike  out  "  one-half  of  which  said  for- 
feiture shall  be  paid  to  the  Conui;issioners  of  Public  "Buildings,  and  the 
other  half  to  the  informer,  or  person  sueing  therefor^  the  same  shall  be  re- 
coverable, with  full  costs,  by  action  of  debt,  qui  (am;  or."  Before  "by  in- 
dictment," insert  "  recoverable,"  and  strike  out  "  in  any  Court  of  Record 
in-  this  State." 

In  second  paragraph,  strike  out,  "  No  prisoner  shall  be  allowed  to  go,  or 
be,  at  large  out  of  prison,  except  under  the  rules  for  establishing  Prison 
Bounds,  or  by  virtue  of  some  writ  of  Hnhcas.  Corpus  or  rule  of  Court:  and 
if."  Before  "  any  Sheriff,"  insert  "  If."  Before  '' fined,"  insert  "liable 
to  indictment,  and  on  conviction  shall  be."  Strike  out  "Two,"  and  insert 
'"  Five." 

In  last  paragraph,  after  "  bonds,"  insert  "  and  no  further." 
,  In  third  marginal  reference,  change  "45"  to  "31." 

To  fourth,  add  "§  3." 

Under  fourth,  (in  ujargiu  of  second  paragraph,)  add  "  A.  D.  1697,. 8  and 
9  W.  3,  c.  27,  ii.,   j53,"  (as  directed  by  the  Commissioner  on  page  743.) 

In  sixth  marginal  reference,  change  "  45"  to  "31." 

In  eighth,  change  "  172  "  to  "  121.'' 

At  page  149,  in  first  paragrapli,  second  line,  after  "process,"  insert 
"  who  may  be  unable  to  support  himself." 

At  the  end  of  paragraph  first,  change  period  mark  to  colon,  and  add 
"provided,  however,  that  such  priscmer  shall,  before  he  is  discharged, 
render  on  oath  a  schedule  of  his  whole  estate  and  assign  the-  same  " 

The  second  paragraph,  to  read  as  follows : 

"The  Sheriffs  or  Jailors,  in  thd  several  Districts  of  this  State,  shall  keep 
in  safe  custody  all  such  prisoners  as  may  be  committed  to  them  under  the 
authority  of  the  Confederate  States,  until  such  prisoners  are  discharged  by 
due  course  of  law  of  tlie  said  Confederate  States,  Under  the  like  penalties, 
as  in  ca«e  of  prisoners  com  iiiitted  und(?i'  the  authority  of -this  State;  Pro- 
vided, that  the  Confederate  States  shall  support  such  priscners  so  committed 
under -their  authority." 

In  margin  change  "  U.  S."  to  "'C.  S." 
■     At  page  150,  in  fifth  marginal  reference;  change  "  76"  to  "  52." 


31 

In  eighth,  change  ■'  52"  to  "  35." 

At  page  151,  strike  out  and  insert,  as  recommended  by  the  Commissioner, 
on  page  743. 

In  fourth  margii^al  reference,  change  "  51"  to  '•  35." 

The  last  to  read,  "  A.  A.  1839,  xi.,  .48,  §  43." 

At  page  152,  in  first  paragraph,  first  line,  after  ''  debt,"  insert  '•'  or  on  the 
case."  In  next  line,  after  "  voluntary,"  insert  "  or  negligent}"  after  ''pris- 
oner," insert  "arrested  or" 

In  second  paragraph,  before  "confined,"  insert  "  arrested  or." 

In  third  paragraph,  ."^ocond  line,  strike, out  "  or  final." 

x\ftcr  third  paragraph,  insert : 

"Any  Sheriff,  Deputy  Sheriff"  or  Jailor,  who  shall  permit  the  voluntary 
escape  of  any  prisoner  confined,  on  mesne  or  final  process,  in  any  civil  suit, 
shall  be  liable  to  indictfiicnt,  and  shall,  on  conviction  thereof,  be  fined  and 
imprisoned  at  the  discretion  of  the  Court,  besides  being  liable  as  abl^ve 
directed.' 

After  the  ;Ujove,  insert,  as  recommended  by  the  Commissioner,  on  page 
743  and  743,  except  that,  in  ninth  line,  on  page  743,  the  words,  "  recover- 
able by  indictment,"  are  to  be  inserted  after  "  dulhirs  " 

In  first  marginal  reference,  change  "  4G''  to  "  31." 

In  last,  change  "  50"  to  "  35." 

At  page  153,  in  third  marginal  reference,  change  "  50"  to  "  39  " 

In  fifth  piarginal  reference,  (page  153,)  change  "54"  to  "37." 

At  page  154,  in  last  paragraph,  strike  out  "by  the  order  of  Court." 

In  first  marginal  reference,  change  "  55"  to  "  38." 

In  fourth,  change  "  55"  to  "  38." 

At  page  155,  in  first  paragraph,  under  heading  "  (f.)  Miscellaneous," 
strike  out  three  last  lines,  and  after  "to  be  recovered  by,"  insert  "  indict- 
ment." ' 

In  first  marginal  reference,  change  "  55"  to  "  38." 

In  fifth,  change  "  51"  to  "  35." 

After  fifth,  insert  "  A.  A.  1841,  xi.,  196,  §  97." 

At  page  156,  strike  out  second  paragraph,  (which  commences  with  the 
words,  "It  shall  be,"  etc.,)  with  marginal  references  and  abstract. 

At  page  157,  in  sixth  paragraph, -2 1st  line  of  page,  after  default,  change 
period  mark  to  comma.     Strike  out  "  If,"  and  insert  ■'  if" 

At  page  158,  in  marginal  references,  change  "  80"  to  "  55,"  "  34"  to 
"  23." 

At  page  159,  in  third  paragraph,  after  "copy,"  add  "or  leaving  the 
same  at  his  most  notorious  place  of  residence." 

In  last  paragraph,  strike  out  "  warrant,"  and  insei^  ■•' execution ;"  also, 
strike  out  the  last  word  "  every." 


82 

In  marginal  rcferctieo,  cliungc  '•  81"  to  "  56." 

At  page  160,  in  first  two  lines,  strike  out  "such  warrant  shall  be  returned 
to  the  Justice  by  whom  it  was  issued,  within  twelve  months  from  the  date,'' 
and  insert,  ''and  of  every  such  execution  there  shall  be  a  retnrii  made,  to 
the  Justice  by  whom  it  was  issued,  by  the  Constable,  witliin  one  mouth  from 
the  lodgment  thereof  with  him." 

In  second  paragraph  of  page  160,  strike  out  "  execution  or."  In  second 
line,  strike  out  "a  warrant,"  and  insert  "the  execution."  In  fouvth  line, 
strike  out  "  ten,"  and  insert  "  five."  In  fifth  line,  ''strike  out  "  warrant," 
and  insert  "  execution." 

After  .<econd  paragraph,  insert:  "  For  the  services  of  the  Justice  in  issu- 
ing and  hearing  such  rule,  he  sliall  be  entitled  to  receive  i'rom  the  party 
cast,  the  same  fees  as  for  issuiisg  a  summons  and  trying  a  small  and  mean 
cause." 

After  third  paragraph,  insert :  "  The  Justice  hearing  the  rule  shall  issue 
execution  for  the  costs  of  himself  and  the  Constable.'' 

In  fourth  paragraph,  in  two  places,  strike  out  ''warrant,'  and  insert 
"execution." 

In  marginal  reference,  change  "82"  to  "59." 

At  page  161,  in  second  paragraph,  strike  out  all  after  "  Judge." 

Before  the  first  paragraph,  under  the  caption  "  III.  Compensation,  insert : 
.  "  Each  Constable  so  attending  shall  be  entitled  to  receive  one  dollar  and 
fifty  cents  for  each  day's  attendance." 

In  the  third  line  of  said  first  paragraph,  after  ','  Clerk  of  the  Court,"  in- 
sert "or  the  Master  or  Commissioner,  as  the  case  maybe." 

In  next  line,. after '•■  Clerk,"  insert  "Master  or  Commissioner. "  In  the 
form  of  Certificate,  after  "  Pleas,"  .insert  ("or  Master  or  Commissioner  in 
Equity.") 

In  the  first  line,  after  the  form  of  Certificate,  strike  out  "  Clerk  of  the 
Court,"  and  insert  "  officer." 

In  the  fifth  line,  after  the  form  of  Certificate,  after  "  Clerk,"  insert 
"  Master  or  Commissioner." 

After  second  marginal  reference,  insert  "  A.  A.  1839;  xi.,  74,  §  14." 

In  last  marginal  reference,  change  "  81"  to  "56." 

At  page  162,  the  Commission  recommend  that  the  paragraph  directed  by 
the  Conauiissioner  on  page  744,  to  be  inserted,  be  omitted. 

At  page  163,  fourth  paragraph,  second  line,  after  "  rendered,"  insert  "  in 
criminal  cases." 

To  last  paragraph,  annex  marginal  abstract :  "  Exempt  from  ordinary 
militia  duty  while  actually  employed." 

At  page  164,  in  nj^rgin,  strike  out  "  jl^xemptfrom  ordinary  militia  duty." 

Transfer  marginal   reference   "A.  A.  1833,  .  vi.,  487,  §'5,"  and   abstract 


38 

"Fees,"  opposite  to  paragraph- commencing  with  the  words,  ''  In  all  cases  of 
distresses  for  rent,"  etc. 

In  second  marginal  reference,  cVange  ''  151"  to  ''106." 

In  third,,  change  "  71"  to  "  49." 

In  fourth,  change  "  xi.  to  "  xii." 

At  page  105,  at  the  end  of  fourth  pargraph,  change  period  mark  to  com- 
ma, and  add  '•'  which  shall  be  endorsed  on  his  commission,  and  also  the  oath 
against  gaming."     Annex  marginal  reference,  "  Stat,  vi.,  27." 

At  the  end  of  sixth  paragraph,  change  period  mark  to  comma,  and  add 
''  as  hereinbefore  directed." 

In  first  marginal  reference,  change  "  71"  to  "  49." 

At  page  166,  in  second  marginal  reference,  change  "33"  to  ''  22." 

In  third,  change  "  72"  to  "  50." 

At  page  1G8,  in  fourth  paragraph,  tenth  and  eleventh"  lines,  strikeout 
("  the  said  forfeiture  to  be  recovered  by  indictment ;")  as  recommended  by 
the  Commissioner,  on  page  744." 

At  page  170,  in  fifth  paragraph,  first  line,  (28th  lint^.  of  the  page,)  be- 
tween "by"  and  *'  the,"  insert  "  mischance  at." 

At  page  173,  strike  out  second  paragraph,  (which  commences  with  the 
words,  "The  person,"  etc.,)  with  the  marginal  reference  and  abstract. 

To  fourth  paragraph,  add :  "  For  sufficient  reasons  shown  to  him,  why 
the  Coroner  cannot  or  should  not  be  employed,  or  on  satisfactory  evidence 
that  the  office  of  Coroner  is  vacant,  or  that  the  Coroner  will  "not  act,  any 
Judge  of  the  Court  of  Common  Pleas,  or  any  Chancellor,  in  open  Court  or 
at  Chambers,  may,  at  the  instance  and  risk  of  any  person  having  a  right  to 
control  such  process,  appoint  a  suitable  person  to  serve  or  execute  any  writ 
or  process,  mesne  or  final,  sued  or  to  be  sued  from  any  Court  of  Law  or 
Equity  in  this  State,  against  any  Sheriff;  and  such  person,  having  accepted 
the  appointment,  shall  be  entitled  to  receive  the  same  proc^  from  the  Cor- 
oner or  other  person  having  the  po.'Ression  of  it;  and,  as  to  the  said  process, 
shall  be  considered  the  Coroner,  and  be  vested  with  all  the  rights  and  pow- 
ers, and  be  liable  to  all  the  duties  of  the  Coroner."  To  this  addendum 
annex  in  margin,  "  Person  substituted  for  Coroner  in  certain  cases." 

Strike  out  "  altered"  in  margin. 

At  page  174,  in  fourth  paragraph,  second  line,  after  "office  "  insert  "the 
money  in  his  hands." 

At  page  175,  in  the  Mote,  first  line,   after   "  Poor,"  insert-"  of  Charles-  • 
ton  and  Columbia."     In  second  line,  strike  out   "of  Charleston."     In  sec- 
ond line,  between  "  and"  and  "to,"  insert  "  that  of  the  Town  of  EdgefieJd." 

In  third  line,  strike  out  "  of  Edgefield,"  and  "  and  other  municipal  au- 
thorities." 

At  page  176,  in  second  line,  strike  out  "Commissioners  of  the  Poor,  for 
5 


34 

the  District  or  Parish,  and  their  successors,"  and   insert  "  State  of  South 
Carolina." 

At  the  end  of  third  paragraph,  chang'^  period  mark  to  comma,  and  add 
"  and  maj  sue  for  the  recovery  of  the  same." 

Strike  out  fourth  pargraph  (which  refers  to  vesting  the  Commissioners 
with  powers  of  Vestries,  etc.,)  with  marginal  reference  and  abstract. 

At  page  177,  after  the  second  paragraph,  insert,  as  recommended  by  the 
Commissioner,  on  page  744., 

Strike  out  fourth  paragraph,  (which  commences  with  the  words,  "  The 
poor  of  the  Election  Districts,")  with  marginal  references  and  abstracts. 

At  page  178,  in  first  paragraph,  fourth  line,  between  "respective"  and 
"  parishes,"  insert  "  Districts  and." 

In  saraef  line,  strike  out  '•  or  counties." 

In  third  paragraph,  strike  out  "and  the  note  shall  bo  signed  by  the 
Judge."  Before  "  Board,"  insert  "members  of  the."  Strike  out  "by 
their  Chairman."     Change  "he  complies"  to  "  they  ^'omply." 

At  page  179,  after  last  marginal  reference,  add  "A.  A.  1859,  s-ii.,  753." 

At  page  180,  in  second  paragraph^  strike  out  "county." 

At' page  182,  in  first  paragraph,  change  period  mark  to  semicolon,  and 
add-"the  two  latt9r  not  to  be  united  in  the  same  person." 

In  fourth  paragraph,  strike  out  "  if  required  by  the  Board."  In  third 
line  after  "direct,"  insert  "conditioned  for  the  faithful  discharge  of  his 
duties." 

The  fifth  paragraph  to  read : 

"All  bonds  taken  by  the  Board  shall  be  ia  the  name  of  the  State  of 
South  Carolina,  and  shall  be  filed  in  the  oflBice  of  the  Clerk  of  the  Court  of 
Common  Pleas  of  the  District." 

At  page  184;^it  the  end  of  fourth  paragraph,  strike  out,  "'  and  signed  by 
the  Judge." 

In  'fifth  paragraph,  strike  out  "and  on  such  omission  being  verified." 

"At  page  186,.  first  paragraph,  strike  out  "by  the  signature  of  the 
Judge  as  aforesaid."  Between  "the"  and  "said  Board,"  insert  "  mem- 
bers of  the."  In  fourth  line, 'strike  out  "by  their  chairman  or  presiding 
member." 

In  third  paragraph,  third  line,  strike  out  "the  nearest,"  and  insert  "a." 

In  fourth  paragraph,  first  line,  strike  out  "the"  and  "aforesaid."  In 
same  line,  after  "fines,"  insert  "all  fines  imposed  by  this  Act,  except  where 
otherwise  directed." 

At  page  186,  in  first' paragraph,  after  "furnished,"  insert  "by  the  Clerk 
of  the  Court." 

The  second  paragraph,  the  Commission  recommend  to  be  stricken  out. 


35 

In  third  paragraph,  eleventh  line,  strike  out  "  more,"  and  insert  "unless 
it  passes  within."     In  same  line   strike   out   "froni,"  and  insert  "of  his." 

In  twelfth  line,  strike  out  "from."  In  thirteenth  line,  after  "belong," 
add  "or  are  employed  the  greater  part  of  the  year." 

Between  third  and  fourth  paragraphs  insert : 

"The  Comiuissioners  of  the  Roads,  in  their  several  jurisdictions,  shall  so 
equalize  the  work  to  be  done,  that  each  pers^on  liable  to  road  duty  shall  be 
required  to  work  the  same  number  of  days." 

In  second  marginal  reference,  change  "ix."  to  "xi.,"  (which  belongs  to 
paragraph  recommended  above  to  be  stricken  out.) 

Change  tliird  marginal  reference  to  "  A.  A.  1825,  ix.,  559,  §  5,  9,  560; 
§  13."  Annex  to  third  paragraph,  additional  marginal  references  "  A.  A. 
1788,  ix.,  309,  §  7 ;"  "A.  A.  1843,  xi.,  270,  §  21;"  and  "A.  A.  1843, 
xi.,  270,  §  24."  . 

Strike  out  "lb.,  §  11,"  and  in.sort  "  A.  A.  1825,  ix.,  560,  §  11." 

At  page  187,  iu  second  paragraph,  fourth  line,  strike  out  "  and." 
"schools  and."  Change  period  mark  at  end  of  paragraph  to  comma,  and 
add,  "academics  a'ljd  schools,  professors .  of  all  institutions  of  learning, 
teachers  and  schoolmasters." 

The  fourth  marginal  reference,  to  road,  "  A.  A.  1825,  ix.  561,  §  14." 

At  page  188,  in  second  paragraph,  first  line,  after  "  summon,"  insert, 
"by  at  least  two  days'  notice." 

In  fourth  paragraph,  eighth  linCj  change  the  first  word  "  overseer"  to 
"person." 

In  tenth  line  of  fourth  paragraph,  change  "levied"  to  "imposed." 

In  fifth  paragraph, .first  line,  after  "Every,"  insert  "white."  In  second 
line,  change  "and"  to  "or."  In  third  line,  strike  out  "  liable  to  be."  In 
fourth  line,  strike  out  "the  first,"  and  insert  "each."  In  fifth  line,  strike 
out  "  and  ten  dollars  if  the  offense  be  repeated." 

Leave  out  the  insertion,  directed  by  the  Commissioner,  on  page  745. 

At  page  189,  in  third  paragraph,  third  line,  change  "  any  other"  to  "^ 
white." 

At  the  end  of  fourth  parauraph,  change  period  mark  to  comma,  and  add, 
"  as  is  by  law  required."     In  margin,  add  to  sixth  reference,  "  §  20." 

At  page  190,  after  last  margin::l  reference,  add  "  J^.  A.  1859,  xii.,  775." 

At  paire  192,  the  la.^t  margina'.  reference  to  read,  "  A.  A.  1830,  ix.,.  587, 
§9." 

At  page  193,  in  second  paragraph,  strike  out  the  first  sentence.  In 
second  sentence,  change  "  And  it"  to  "  It."  Change  " offending"  to  "be- 
ing convicted."  At  the  end  of  second  paragraph,  change  period  mark  to 
comma,  and  add,  "  and  shall  be  liable  to  fine  and  imprisonmeDt,  at  the  dis- 
cretion of  the  Court." 


36 

At  page  194,  in  second  paragraph,  fourth  line,  after  "  shade,"  insert 
*'  within  ten  feet  of  the  said  road." 

Strike  out,  in  fifth  and  sixth  lines,  "  growing  within  ten  feet  of  the  road 
laid  out  as  aforesaid,"  and  insert  "  left  for  shade  as  aforesaid."  In  eighth 
line,  strike  out  "  forfeit,"  and  insert  "  be  fined  in." 

At  page  195,  in  second  paragraph,  strike  out  "  one  whole  year,"  and 
insert  "six  months;"  and  change  "  ten"  to  "fifty." 

The  third  paragraph  to  read  : 

"  If  any  person  shall  cut  down,  burn  or  deface  any  mile  post  or  stone,  or 
pointer,  erected  by  the  Commissioners  of  Roads,  he  shall,  on  conviction, 
forfeit  and  pay  the  sum  of  twenty  dollars." 

The  first  marginal  reference  to  read,  "  A.  A.  1843,  xi.,  269,  §  15." 

At  page  196,  in  second  paragraph,  change  '^fifty  cents"  to  "one  dollar." 

In  third  paragraph,  sfrike  out  all  in  the  seventh,  eighth,  ninth  and  tenth 
lines,  after  "  Commissioners." 

At  page  197,  in  margin  of  fourth  paragraph,  insert  "  Altered." 

•In  marginal  references  at  sixth  paragraph,  insert  "  A.  A  1799,  ix.,  396, 
§16."     .  • 

At  page  198,  strike  out  last  paragraph. 

At  page  199,  strike  out  first  paiagraph,  (which  is  continued  from  page 
198.")    • 

In  second,  paragraph,  strike  out  "  High." 

Third  paragraph,  at  the  end  of  first  sentence,  change  period  mark  to  com- 
ma, and  add,  "  by  the  consent  and  at  the  discretion  of  the  Commissioners  " 

After  third' paragraph,  insert: 

"It  shall  be  lawful  for  any' person,  over  whose  land  any  road  other  than 
a  public  highway  may  pass,  to  erect  gates  thereon  ;■  and  pfersons  owning  or 
erecting  such  gates  shall  be  liable  to  be  indicted  for  a  nuisance  if  the;-  fail 
to  keep  them  in  good  order;  and  in  case  any  person  shall  interfere  with, 
injure,  destroy,  or  willfully  leave  open  any  such  gate,  he  shall  be  liable  to 
ftidictment  as  for  a  misdemeanor."  In  the  margin  at  this  new  paragraph, 
insert  "  A.  A.  1855,  xii.,  408." 

At  page  200,  in  twenty-fourth  line,  change  "  3"  to  "  5." 

In  twenty-eighth  line,  change  period  mark  to  colon,  and  add,  "  or  for 
every  ten  miles  of  sueh  road  one  toll-gate  may  be  established,  with  half  the 
above  rate  of  toll."  -  "  • 

At  page  201,  change,  in  second  paragraph,  "  Regular  ordained  ministers" 
to  "  Regularly  ordained  or  licensed  ministers." 

In  fifth  paragraph,  after  "reward,"  insert  "or  salary." 

At  page  203,  in  fifth  paragraph,  after  "parishes,"  insert  "except  where 
specially  vested  in  corporate  authorities." 

At  page  206,  in  fifth  line,  chacge  "the"  to  "these." 


37 

At  page  209,  in  second  paragragh,  fifth  line,  change  ''  taking but"  to  "the 
production  of;"  and  after  "license"  insert  "granted  previous  to  such  seiz- 
ure." At  the  end  of  second  paragraph,  change  "  his  offense "  to  "  the 
offence  of  hawking  and  peddling  without  a  license." 

In  fifth  paragraph,  change  ''them  that"  to  "such  as." 

The  marginal  reference  at  second  paragraph  to  read  :  "  A.  A.  1839,  xi., 
22  §  26;  33,  §  44." 

At  page  210,  strike  out  the  last  four  paragraphs,  with  the  caption  "Iti- 
nerant Salesmen;"  and  the  marginal  references  and  abstracts,  as  directed  by 
the  Commissioner,  on  page  745. 

At  page  211,  strike  out  the  three  first  paragi'aphs,  with  marginal  refer- 
eflces  and  abstracts,  as  directed  by  the  Commissioner,  on  page  745. 

In  sixth  line  of  last  paragraph,  change  "intended"  t(^"  included,"  as 
directed  by  the  Commissioner,  on  page  745. 

In  tenth  line,  strike  out  "up." 

At  page  212,  at  close  of  first  paragraph,  insert,  (as  directed  by  the  Com- 
missioner, on  page  533,)  "  The  qualification  of  a  Commissioner  shall  be  the 
possession  of  landed  property  on 'Charleston  Neck,  worth  at  least  five  hundred 
dollars,  or  a  residence  therein  for  six  months,  immediately  preceding  the 
election;"  with  marginal  reference,  "A.  A   1850,  xii.,  64." 

At  page  214,  omit  the  insertion  directed  by  the  Commissioner  on  page 
745,  it  having  been  made  at  page  212;  and  omit  the  insertion  directed  on 
page  5b4. 

At -page  218,  the  Commission  recommend  that  in  the  next  to  the  last  line, 
"three,"  be  changed  to  "four." 

At  page  219,  in  fourth  line,  strike  out  "or  Winton." 

In  eighth  line,  strike  out  "  Claremont  Seven.     lb." 

In  nineteenth  line,  strike  out  "Liberty  or." 

At  foot' of  page  insert  or  add  : 

"Sumter Seven.     lb." 

At  page  220,  in  ninth  line,  after  "Chairman,"  insert  a  comma;  strike 
out  "aTid"  after  "  Cliairman."     After  " Secretary,"  insert  "and  Treasurer." 

In  eighteenth  line,  after  "sureties,"  insert  "payable." 

In  eighteenth  and  nineteenth  lines,  strike  out  "  Commissioners  of  Free 
Schools  for  the  District  or  Parish,  and'  their  successors,"  and  insert  "State 
of  South  Carolina." 

At  page  221,  the  first  paragraph  to  read : 

"  For  the  support  and  maintenance  of  the  Free  Schools  there  shall  be  ap- 
propriatcd  iu  the  proportion  of  sis  hundred  dollars  per  annum  to  eacl^ 
Representative  iu  the  popular  branch  of  the  Legislature,"  with  additional 
marginal  reference,  "A.  A.  1863,  xiii  ,  185,  §  5."  Change  marginal 
reference,  "lb.,  15"  to  "A.  A.  1811,  v.,  6|p,  §  15."      * 


o8 

At  page  224,  in  fourth  paragraph,  fourth  line,  before  "which,"  insert 
''of." 

At  page  225,  in  third  paragraph,  sixth  line,  change  "three"  to  '•  four;" 
and  iu  seventh  line,  change  "six"  to  "eight." 

In  fourth  paragraph,  fourth  line,  change  "five"  to  "twenty." 

At  page  227,  after  second  paragraph,  insert: 

"  A  semi-annual  meeting  shall  be  held  on  the  Wednesday  after  the  first 
Monday  in  May." 

"  Nine  ineiubers  shall  constitute  a  quorum  at  any  meeting  of  the  Board." 

In  firth  paragraph,  strike  out  all  after  "at,"  in  third  line,  afid  insert  in 
lieu  thereof,  "  such  meetings  any  business  may  be  done,  except  the  election 
of  Professors  and  other  ofiicers,  which  can  only  be  done  at  a  stated  or  semi- 
annual meeting  •hen  a  majority  of  the  Board  are  present." 

In  the  margin,  at  the  first  paragraph,  directed  above  to  be  inserted,  make 
marginal  reference  "A.  A.  1825,  vi.,  266."  Strike  out  fifth  printed  mar- 
ginal reference,  and  insert  "A.  A.  1801,  404,  §  2." 

Under  sixth,  insert  "A.  A.  1861,  88." 

At  page  228,  the  third  paragraph  to  read  :         . 

"The  head  of  the  Co  lege  shall  be  styled  the  President,  and  the  Masters 
shall  be  styled  the  Professors;  none  of  whom  shall  hold  the  office  of  Trus- 
tee." 

In  fourth  paragraph,  the  last  sentence  to  read  :  "But  it  shall  be  in  the 
power  of  the  Trustees  only,  at  a  stated  meeting,  when  a  majority  of  the 
whole  Board  is  present,  to  expel  a  student." 

At  page  228,  after  fi^'th  paragraph,  insert,  as  directed  by  the  Commissioner, 
on  page  745. 

At  page  221!,  in  third  paragraph,  strike  out  "of  each  beneficiary,"  and 
insert  "  and  one  hundred  and  forty  dollars  for  clothing  of  each  of  said  bene- 
ficiaries."    Add  marginal  reference  "A.  A.  1812,  7,  133,  §  5." 

At  the  end  of  fourth  paragraph,  change  period  mark  to  comma,  and  add 
"  and  to  lay  on  the  table  of  each  member  of  the  Legislature,  during  the 
first  week  of  each  session,  a  printed  statement  of  the  same."  Add  margi- 
nal reference  "Ren    1848,  p.  244  " 

At  the  end  of  fifth  paragrap'.i,  insert,  as  directed  by  the  Commissioner,  on 
page  74  ). 

After  said  insertion,  insert: 

"  The  Trustees  may  remit  tuition  fees  of  all  students  who  may  be  re- 
ceived into  College,  who  are  dependent  upon  their  own  exertions  or  the 
charitit  s  of  the  benevolent  for  the  means  to  defray  the  expenses  of  their 
education."     Add  marginal  reference  "  Bes.  1856,  p.  349." 

At  page  232,   in   fifth  paragraph,  strike  out  "  Comniissioners  of  Public 


89 

Buildings  of  the  District  and  their  successors,"  and  insert  "State  of  South 
CaroliDa." 

To  the  last  parairraph,  add,  as  directe  1  by  the  Commissioner,  on  page  746. 

At  page  233,  in  first  paragraph,  sixth  line,  after  "  Conveyance,"  insert 
"  furnish  the  said  officers  with  the  books  required  to  be  kejpt  by  them." 

In  second  paragraph,  and  at  the  end  therc:>f,  insert,  as  directed  by  the 
Commissioner,  on  page  746. 

In  third  marginal  reference,  (page  233,)  change  "  164"  to  "  115."* 

At  pa;re  23!,  in  fourth  paragraph,  second  line,  after  ''  State,"  insert  '*  ex- 
cept where  otherwise  directed." 

Insert,  as  directed  by  the  Commissioner,  on  page  746. 

In  sixth  marginal  reference,  change  "  111,"  to  "  78." 

At  page  235,  in  second  paragraph,  strike  out  "  and  the  note  shall  be  signed 
ly  the  Judges."  In  same  paragniph,  be^'urc  "  Board,"  insert  "  members  of 
the;"  "strike  out  "by  their  Cliairman;"  chiingc  "  he  complies"  to  "  they 
cou)ply." 

In  third  paragraph,  strike  out  "  the  nearest,"  and  insert  "  a." 

At  page  236,  in  fourth  paragraph,  strike  out  "  Union,  and  in  the  Dis- 
trict of  Columbia,"  and  insert  "  Confederacy." 

At  page  237, •t  the  end  of  first  paragraph,  change  "  Charleston  "  to 
"Columbia." 

In  second  paragraph,  eighth  line,  before  "seal,"  insert  "  hand  and." 

In  third  paragraph,  change  "  Magistrate"  to  "  Justice." 

In  fourth  paragiaph,  change  "  r»lagistrate"  to'"  Justice." 
•     At  page  239,  in  the  Note,  change   "  an   appropriation"  to  "  a  loan,"  and 
"  thousand"  to  "  hundred." 

At- page  241,  in  lirst  paragraph,  the  last  sentence  to  read:  "  They  are 
also  authorized  to  retain  such  portion  of  Upper  street,  as  they  have  already 
enclosed." 

At  page  242,  in  first  paragraph,  change  "Justice  of  the  Peace"  to 
"Chancellor,  or  to  a  Judge  of  the  Court  of  Common  Pleas."  In  fourth 
line,  strike  out  "  the  Justice  shall,"  and  insert  "it  shall  be  the  duty  of  such 
Chancellor  or  Judge  to  order  a  Justice  of  the  Peace  to." 

In  second  paragraph,  third  line,  after  "  person,"  insert  "  to  one  or  more 
of  the  Commissioners  of  the  Poor." 

In  same  line,  after  "and,''  insert  "thereupon  such  Commissioner  or 
Commissioners  shall  direct  a  Justice  of  the  Peace  to*  make  an  examination 
Hs  above  prescribed,  and." 

In  next  line,  change  "that"  to  "who." 

At  page  243,  in  fourth  paragraph,  last  line,  change  "detainer"  to  "de- 
tention." 

In  eleventh  line  of  fifth  paragraph,  change  "may"  to  "  ihajl." 


40 

At  page  2-44,  In  second  paragraph,  strike  out  "are  bound  to,"  and  insert 
''shall."     After  "severnl,"  insert  "districts  and." 

In  third  paragraph,  after  "  delinquent,"  insert  "  district  or." 

In  fourth  paragraph,  before  "parish,"  in  two  places,  insert  "district  or." 

In  first  marginal  reference,  change  "  51"  to  "35." 

At  page  245,  the  first  paragraph  under  the  caption  "(d.)  Negroes,"  to 
read  : 

"Negroes  and  persons  of  color,  being  residents  of  the  State,  may  be  ad- 
mitted as  patients  in  the  Lunatic  Asylum,  on  the  same  terms  as  herein  pro- 
vided for  white  persons;  escept  that  the  cost  of  admission  and  maintenance 
shall  be  the  same  as  in  ease  of  paupers  ;  and  in  case  of  slaves,  admissioa  is 
to  be  at  the  request  and  cost  of  the  ownqr  only." 

Strike  out  the  Note  on  page  245. 

At  page  249,  in  fourth  paragraph,  the  Commission  recommend  to  strike 
out  "twenty,"  and  insert  "fifty;"  to  strike  out  "five,"  and  insert 
"twenty;  '  and. to  strike  out  "  nor  more  than  fifteen  thousand  dollars." 

Strike  out  "  The  President  and  Directors  of  the  Bank  of  the  State  of 
South  Carolina  shall  take  the  constitutional  oath,"  with  the  marginal  refer- 
ence and  abstract,  as  recommended  by  the  Commissioner,  on  page  746. 

In  sixth  paragraph,  first  line,  after  "  The' following  oath,4i  insert,  "  in  ad- 
dition to  the  oath  of  office,"  as  directed  by  the  Commissioner,  on  page  746. 

At  page  250,  after  the  last  paragraph,  insert,  as  directed  by  the  Commis- 
sioner, on  page  746,  (which  is  th©  same  directed  on  page  534,  to  be  inserted 
"after  page  214.") 

At  page  252,  in  third  paragraph,  first  line,  after  "  absence,"  insert  "  from 
Charleston." 

At  page  254,  to  the  last  paragraph  add,  as  directed  by  the  Couimiss'ioner, 
on  page  746. 

At  page  256,  in  second  line,  change  "shoat"  to  "shote." 

In  third  marginal  reference,  after  "si.,"  insert  "  20." 

At  page  261,  in  last  paragraph,  first  line,  strike  out  "  if  the,"  and  insert 
"on;"  strike  out  "be,"  and  after  "for,"  insert  "penning  back  water  or." 

At  page  262,  at  the  end  of  first  paragraph,  add,  "  If  the  party  injured 
elect  to  bring  an  action  on  the  case  fpr  his  supposed  damages,  he  is  not  to 
be  entitled  to  the, remedy  herein  provided." 

At  page  263,  in  last  paragraph,  strike  out  "  action  of  debt  in  which  no 
imparlance  shall  be  admitted,  and  insert  "  Summary  Process." 

At  page  264,  to  the  last  note,  (which  ends  on  page  265,)  add,  as  directed 
by  the  Commissioner,  on  page  747. 

At  page  266,  in  third  paragraph,  fourth  line,  strike  out  "  divided  and," 
and  change  "use  of  the  poor"  to  "Commissioners  of  Roads."  In  next 
line,  before  ".paii.'^h,"  insert  "'  district  or." 

m 


41 

At  page  267,  in  first  paragraph,  in  sixth  line,  before  "fifty,"  insert  "one 
hundred  and."  In  eighth  line,  strike  out  "parish  or  county,"  and  insert 
district."  In  tenth  line,  after  "paid,"  insert  "to  the  Commissioucrs  of 
Roads."  Strike  out  "oue-lialf  to  the  use  of  the  parish  or  county,  and  the 
other  half  to  the  informer  who  shall  sue  for,  and  recover,  the  same."  In 
sixteenth  line,  strike  out  ,"  in  the  county  or,"  and  insert  "  of  the."  In 
eighteenth  line,  strike  out  "crime,"  and  insert  "oirencc." 

In  second  paragraph,  strike  out  "of  any  breach  of  this  ordinance." 
Change  "  two"  to  "  ten,"  and  "  hereinbefore"  to  "  hereinabove." 

x\t  page  269,  in  second  paragraph,  between  "  fine"  and  "  imprisonment," 
change  "  or"  to  "  and." 

After  fourth  paragraph,  insert:  • 

"No  river  or  navigiiblo  creek  in  this  State  shall  be  so  obstructedas  to  pre- 
vent the  passage  of  fish ;  but  in  all  cases,  at  least,  one-half  of  the  stream 
shall  be  left  for  that  purpose  ;  and  all  fish  sluices  now  existing  in  the  streams 
of  this  State  are  hereby  declared  lawful  fish  sluices,  and  any  person  who 
shall  be  convicted  by  indictment,  in  the  Oourt  of  Sessions,  of  violating  the 
provisions  of  this  section,  shall  pay  a  fine  of  five  hundred  dollars." 
.   Strike  out  fifth  paragraph,  (which  ends  on  page  270.) 

At  page  271,  strike  out  the  thirteenth,  fourteenth,  fifteenth,  sixteenth, 
seventeenth,  eighteenth  lines,  and  the  words  "the  fine  aforesaid,"  in  the 
nineteenth  lino.  In  place  thereof,  insert  "And  such  owner,  in  addition  to 
the  fine  above  imposed,  shall  be  liable  for  all  damages  thereby   sustained." 

In  the  third  paragraph,  fourth  line,  after  "  fence,"  insert  "unless  by  the 
order  of  his  master,  or  of  the  person  having  charge  of  him."  In  fifth  line, 
strike  out  "  two." 

\t  page  272,  strike  out  "  XII.  Catawba  Indians,"  as  directed  by  the  Com- 
missioner on  page  536 

In  the  first  paragraph,  under  the  caption  "  I.  Partners,"  change  "  or  can- 
not be  found"  to  "  and  cannot  be  served.-"  Strike  out  "suggesting  in  the 
declaration,  the  absence  oi  those  not  served." 

In  margin,  at  same  paragraph,  insert  "altei'ed." 

At  page  276,  in  last  paragraph,  first  line,  strike  out  "From  and  after  tho 
first  day  of  July  next."     Change  "every"  to  "Every." 

At  page  277,  strike  out  last  paragraph. 

At  page  278,  in  first  paragraph,  strike  out  "signed  by  him  in  the  pre- 
sence of  two  or  more  credible  witnesses."  In  margin,  at  this  paragraph,  in- 
sert "A.  A.  iii.,  707." 

The  Commission  recommend  that  the  first  paragraph,  under  the  caption, 
"III.  Husband  and  wife,"  be  stricken  out,  and   the  law,  therefore,  be  re- 
pealed, f 
6 


42 

Add  in  margin,  at  this  paragraph,  "  See  Myers  v.  Griffis  &  Powell,  II 
Eich.,  560." 

At  page  279,  in  fourth  marginal  reference,  change  "24"  to  "  16." 

At  page  280,  in  second  paragraph,  strike  out  all  after  "and"  in  fourth 
line,  and  in  place  thereof,  insert  "on  conviction,  failing  to  give  the  security 
aforesaid,  shall  be  liable  to  execution,  as  defendants  convicted  of  misde- 
meanors now  are." 

In  third  paragraph,  strike  out,  "  But  though  he  be  discharged  from  im- 
prisonment;"  and  change  "the"  in  same  line  to  "The." 

At  page  281,  in  first  paragraph,  strike  out  the  first  four  lines,  and  the 
word  "that,"  in  fifth  line.  Change  "any"  in  fifth  line  to  "Any."  In 
sixth,  ninth  and  thirteenth  lines,  before  "  Parish,"  insert  "  District  or." 

In  second  paragraph,  first  line,  before  "  Pafish,"  insert  "  Distri^jt  or." 
In  second  line,  strike  out  "  the,"  and  insert  "  such  District  or."  In  sixth 
line,  strike  out  "  the  "  and  insert  "such  District  or."  In  seventh  line, 
before  "Parish,"  insert  "District  or."  In  seventh,  eighth  and  ninth 
lines,  strike  out  "and  in  case  there  be  no  Justice  of  the  Peace  in  that 
Parish,  then  any  Justice  of  the  Peace  of  that  county."  In  tenth  line,  be- 
fore "Parish,"  insert  "  District  or."  In  fourteenth  line,  before  "Parish," 
insert  "said  District  ok." 

At  page  282,  in  first  paragraph,  before  "Parish,"  insert  "District  or." 

In  second  paragraph,  second  line,  change  "this  port"  to  "any  port  in 
this  State."  In  third  line,  change  "this"  to  "such."  In  eighth,  and 
ninth' lines,  change  "as  is  hereafter  directed"  to  "'by  indictment." 

Strike  out  fourth  paragraph. 

Strike  out  sixth  paragraph,  (which  ends  od  next  page.) 

At  page  288,  strike  out  first  paragraph,  (which  begins  on  page  282.) 
Strike  out  the  note.  Strike  out  the  last  paragraph,  (which  commences  with 
the  words,  "In  this  chapter.") 

At  page  285,  in  last  paragraph, 'first  line,  strike  out  "And,"  and  change 
"any"  to  "Any." 

At  page  286,  in  third  paragraph,  after  "complaint,"  insert  "on  oath." 
In  sixth  line  of  same,  between  "  to  ",  and  "issue,"  insert  "enquire  into  the 
matter,  and  thereupon,  if  he  see  fit,  he  shall."  , 

At  page  288,  the  second  paragraph,  under  the  caption,  "VII.  Pilots," 
to  read  : 

"  Commissioners  of  Pilotage  are  appointed  for  the  bar  and  harbor  of 
Georgetown,  by  the  Town  Council." 

The  next  paragraph  to  read  : 

"  Commissioners  of  Pilotage  are  appointed  for  the  bar  and  harbor  of  Beau- 
fort, Port  Royal,  by  the  Toivn  Council  of  Beaufort." 


In  margin,  change  "  A.  A.  1784,  iv.,  597,"  to  "  A.  A.  1832,  vi.,  474, 
§  9 ;"  -and  change  '^  A.  A.  1784,  iv.,  021,"  to  "  A.  A.  1832,  vi.,  474  §  9." 

At  page  290,  in  fifth  paragraph,  before  "anchor,"  insert  "bring,  or 
attempt  to  bring,  or." 

In  sixth  paragraph,  strike  out  "  branch." 

At  page  291,  in  first  paragraph,  strike  out,  "andtlie  approbation  of  a 
Master  in  Equity." 

In  second  paragraph,  strike  out  "  one  or  more  of  the  Commissioners  of 
the  Poor,"  and  insert  "a  Justice  of  the  Peace." 

In  second,  fourth  and  seventh  marginal  references,  change  "»32"  to 
"  21."  *  - 

At  page  292,  in  second  paragraph,  after  "district,"  insert  "or  parish." 

In  fourth  paragraph,  after  "  districts,"  insert  "  and  parishes;"  and  before 
"  parish,"  insert  "  district  or."  • 

In  second  marginal  reference,  change  "32"  to  "21." 

At  pages  292  and  293,  strike  out  and  insert,  as  directed  by  the  Commis- 
sioner, on  page  747. 

At  page  294,  at  the  end  of  paragraph,  commencing  with  the  word  "  Pro- 
vided," add  "and  were  necessary  to  asqertain  the  cause  of  the  death." 
Insert  in  margin,  "  Resol.  at  Dec.)  1855." 

Strike  out,  "XI.  Registrar  of  Births,  Marriages  and  Deaths,"  and  all 
under  that  caption,  on  pages  294,  295  and  296. 

At  pa.e  297,  the  Commission  reeommeud  that  all  the  Chapter,  entitled 
"  Chap.  VII.  The  people  in  their  Corpcffate  Relations,"  (except  x\rticle  T., 
Joint  Stock  Companies,)  be  omitted  from  the  Code  :  i.  e.,  that  all  charters 
of  Cities,  Towns,  Villages,  Banks,  Railroads,  Ferries,  Roads,  Insurance 
Companies,  Bridges,  etc,  be  omitted  and  inserted  in  a  separate  volume. 

In  fourth  paragraph,  on,  page  297,  after  "Wardens,"  insert  "who  shall 
always  be  freeholders  withiri  the  town  or  village,  and  who  shall  be."     ' 

At  page  298,  in  fourth  paragraph,  after  "  Corporation,"  insert  "  to  be 
recovered  before  any  Justice  of  the  Peace." 

In  sixth  paragraph,  strike  out  "  But,"  and  insert  "  If  the  fine  shall  ex- 
ceed twenty  dollars,  it  shall  be  recovered  by  suit  in  the  Court  of  Common 
Pleas,  and." 

At  page  299,  in  fourth  paragraph,  after  "ofi'enders,"  insert  "and." 
Strike  out,  "  and  the  trial  of  causes  small  dnd  mean." 

In  fifth  paragraph,  change  "  the  seal  of  the  corporation,"  to  "  his  hand 
and  seal." 

At  page  800,  change  "  668"  to  "  468."  '  * 

At  page  301,  after  sixth  paragraph,  insert  "  (See  Eminent  Domain,  pages 
484,485.") 


44 

At  page  302,  in  fifth  paragraph,  second  line,  change  "  public  road"  to 
"railroad." 

At  page  304,  iu  second  paragraph,  strike  out  "  in  one  of  the  papers  of 
the  City  of  Charleston."  In  the  eighth  Hue  of  same  paragraph,  after  "  no- 
tice," insert  '*  in  the  nearest  newspapei-,  and."  In  next  line,  after  "  parish," 
insert  "  or  district."* 

After  second  paragraph,  insert,  as  directed  b^-  the  Comrnissioner,  on  pages 
747,  748  and  749.  .  "  • 

After  said  insertion,  the  Commission  recommend  to  insert  the  following 
paragraphs : 

"Every  Kailroad  Company  in  this  State  shall  furnish  to  each  passenger 
to  whom  a  ticket  shall  be  sold  a  comfortable  seat  for  the  entire  journey  for 
which  such  ticket  may  call.  And  any  Company  that  shall  fail  herein  shall 
be  liabl#  to  a  penalty  of  one  thousand  dollars,  to  be  recovered  by  any  passen- 
ger so  deprived  of  a  seat,  or  by  his  legal  representatives,  in  a  suit  in  the 
Court  of  Common  Pleas. 

"■  And  if  any  Railroad  Company  in  this  State  shall  fail  to  furnish  an 
abundant  supply  of  good  drinking  water  to  the  passengers,  or  shall  fail  to 
keep  all  passenger  cars  occupied  with  passengers  well  lighted  at  night 
during  any  j.ourney,  such  company  shall  be  liable  to  a  penalty  of  one  tliou- 
sand  dollars  for  each  and  every  offence,  to  be  recovered  by  suit  in  the  Court 
of  Comipon  Pleas  by  any  passenger  on  said  car  or  cars  who  may  first  sue  for 
the  same." 

After  said  insertion,  insert  as  folfows  : 

".In  any  action  against  any  common  carrier,  by  railroad,  whether  the  same 
be  an  incorporated  railroad  company,  or  an  incorporated  company,  or  an 
individual  or  unincorporated  as.sociation  of  individuals,  undertaking  to  carry, 
in  whole  or  in  part,  by  railroad,  if  the  plaintiff  shall  file  with  his  declaration 
a  statement  on  oath  of  the  facts,  and  of  the  amount  of  loss  or  damage  sus- 
stained,  (a  copy  of  which  shall  be  served  on  any  agent  of  such  common  car- 
rier,) the  said  afiidavit  shall  be  given  to  the  jury  as  evidence  in  the  cas?: 
Provided,  that  the  defendant  shall  be  at  liberty,  within  thirty  days  there- 
after, to  file  with  his  plea  an  afiidavit,  denying  the  truth  of  the  same,  in 
which  case  both  aflidavits  shall  be  submitted  as  evidence  to  the  consideration 
of  the  jury  :  And  provided,  also,  that  in  addition  to  the  said  evidence  so 
allowed,  all  common  law  evidence  shall  be  admitted  in  said  case." 

Insert  in  margin,  "  A.  A.  1863,  xiii.,  2lb,  §  3." 

At  page  305,  after  first  paragraph,  insert  : 

"  No  Bank  shall  charge  on  its  loans  or  discounts  more  than  at  the  rate 
six  per  cent,  per  annum,  payable  iu  advance." 

At^page  307,  in  last  paragraph,  strike  out  "  From  and  after  the  first  day 


45 

of  January,  in  the  year  oi'  our  Lord,  one  thousand  eight  hundred  and  sixty." 
Change  "if"  to  ''If." 

At  page  313,  in  last  paragraph,  after  ''  prosy,"  insert  "  who  must  be  a 
, stockholder."     Before  "directly,"  insert  "as  proxy." 

At  page  314,  in  first  paragraph,  strike  out  "  whether  declared  or  not." 

In  fifth  paragraph,  first  line,  aftdt  "  cooipany,"  insert  "  for  the  construc- 
tion of  a  turnpike  road,  bridge,  or  causeway,  or  for  the  establishment  of  a 
ferry." 

In  tl^rd  line  of  fifth  paragraph,  change  "  the  letters  patent"  to  "such 
charter." 

At  page  315,  after  second  paragraph,  add  paragraph  : 

"  jNTo  new  charter  or  act  of  incorporation,  or  any  e.^tdnsion  of  a  charter  or 
act  of  incorporation  will  bo  granted,  unless  the  applicant  or  applicants  for 
the  same  shall  have  first  given  three  months'  public  notico,  in  one  or  more 
of  the  newspapers  of  this  State,  in  such  Districts  or  Parishes  where  news- 
papers are  published,  at  one  or  more  public  place,  of  his  or  their  intention 
to  make  such  application,  and  shall  submit  with  the  same,  satisfactory  evi- 
dence that  such  notice  had  been  given,"  with  marginal  reference,  "  ^Resol. 
18;Jt>,  147." 

Also,  add  following  paragraph  : 

"  Every  charter  of  incorporation  which  shall  be  granted,  renewed  or 
modified,  shall,  at  all  times,  remain  subject  to  amendment,  alteration  or  re- 
peal, by  the  logislative  authority,  unless  the  Act  granting  such  charter, 
renewal  or  modification,  .shall,  in  express  terms,  except  it." 

Insert  in  margin,  "  \.  A.  1841,  xi,,  168,  §  41." 

At  page  316,  in  ninth  and  tenth  paragraphs,  change  "  debts"  to  "debt." 

At  page  319,  in  third  paragraph,  after  "  Recorder,"  insert  "  City  Attor- 
ney," and  after  "  Escheator,"  insert  "Assessor." 

At  page  321,  after  second  paragraph,  insert,  as  directed  by  the  Commis- 
sioner, on  page  749. 

At  page  322,  after  third  paragraph,  insert: 

"For  Appeal — See  Eminent  Domain,  page  484,  and  sub." 

At  page  329,  in  fourth  paragraph,  first  line,  change  "  The  said  College" 
to  "The  College  of  Charleston." 

In  fourth  linn,  after  "Trustees,  insert  "  now  in  office." 

At  page  330,  in  second  paragraph,  change  "is"  to  "are." 

At  page  332,  in  second  paragraph,  insert,  the  provisions  of  the  Ordinance 
referred  to. 

At  page  337,  at  first  paragraph,  insert,  as  directed  by  the  Commissioner, 
on  p;iuo  749. 

Ill  third  paragraph,  strike  out  fourth  and  fifth  lines,  and  insert  in  lieu 
thereof  "seven  per  cent,  on  his  last  general  tax." 


46 

In  fourth  paragraph,  change  "  St.  Philip  and  St.  Michael"  to  St.  Philip's 
and  St.  Michael's." 

At  page  339,  in  first  paragraph,  strike*  out  all  after  "  dollars,"  in  ninth      X 
line,  and  insert  "  to  be  recovered  by  indictment  in  the  Court  of  Sessions." 

At  page  340,  in  first  paragraph,  thiid  line,  after  "  Corporators,"  insert 
"  who  are  entitled  to  vote  for  member's  of  the  Legislature." 

After  second  paragraph,  insert  "  No  person  shall  be  eligible  to  the  office 
of  Inteodant  or  Warden,  unless  he  be  a  Corporator  entitled  to  vote  at  such 
election,  and  hath  been  a  freeholder  in  said  Tovfn  twelve  months^prior  to 
such  election." 

In  fifth  paragraph,  second  line,  after  "dollars,"  insert  "  to  be  recovered 
by  indictment."  Iq  fourth  line  of  fifth  paragraph,  after  "  town,"  insert 
"  to  be  recovered  in  like  manner." 

At  page  341,  in  second  paragraph,  change  "  District  Court  of  Beaufort" 
to  ''Court  of  Common  Pleas." 

At  page  342,  at  the  end  of  second  paragraph,  changei  period  mark  to 
comma,  and  add  "  to  be  recovered  by  warrant  under  the  hand  of  the  Intend- 
ant  and  the  seal  of  the  Corporation." 

In  third  paragraph,  (page  842,)  strike  out  "  and  liable  to  ihe  same  pen- 
alties," in  sixth  line.     In  eighth  line,  strike  out  "upon."  , 

Between  fourth  and  fifth  paragraphs,  insert : 

"  The  Commissioners  of  Pilotage  for  the  bar  and  harbor  of  Beaufort  shall 
have  the  same  power,  and  be  required  to  perform  like  duties,  with  those  for 
the  bar  and  harbor  of  Charleston." 

At  page  343,  in  first  paragraph,  eighth  line,  after  "  impose,"  insert 
"  (provided  such  fine  does  not  exceed  twenty  dollars ;  and  when  over  twenty 
dollars,  the  same  to  be  recovered  by  action  in  the  Court  of  Common  Pleas.") 

At  page  344,  in  last  paragraph,"  before  "  citizens,"  insert  "  male."         ,  . 

At  page  345,  in  the  form  of  oath,  change  "Wardens"  to  "  Warden." 

At  page  346,  in  third  ilnc,  after  "  town,"  insert  "  to  be  recovered  in 
either  case  by  indictment." 

At  page  347,  in  third  paragraph,  change  "  twelve,"  in  fourth  and  fifth         ] 
lines,    to    "twenty."       In  fifth   line,    after   "Court,"  insert  "of  Common 
Pleas." 

At  page  352,  in  second  paragraph,  between  "a"  and  "copy,"  insert 
"  certified." 

Add  to  fifth  paragraph  :  "No  person,  unless  entitled  to  vote,  shall  be 
eligible  to  the  office  of  Intendant  or  Warden." 

At  page  353,  at  the  end  of  fifth  paragraph,  after  "same,"  insert  "and 
may  grant  retail  apd  tavern  licenses  in  conformity  with  the  law  of  this  State. 
All  penalties  for  retailing,  when  recovered,  shall  be  to  the  Town  Council  for 
the  use  of  the  Town." 


47 

At  page  354,  in  fifth  paragraph,  change  "capitation"  to  "commutation." 

In  margin,  change  "  820"  to  "  830." 

At  page  355,  in  second  paragraph,  after  "offense,"  insert  "  to  be  recov- 
ered before  the  Intendant  and  two  Wardens,  or  any  two  of  them."  Strike 
out  the  second  sentence  of  second  paragraph. 

Strike  out  fifth  paragraph,  with  marginal  reference  and  abstract. 

In  sixth  paragraph,  change  "  a  sum  not  exceeding,"  to  "the  sum  of," 
and  after  "dollars"  insert,  "to  be  recovered  b}'  indictment."  After  "of- 
fence," at  the  end  of  paragraph,  insert  "to  be  recovered  before  the  Town 
Council." 

In  seventh  paragraph,  change  "Town  Council"  to  "  Intendant  and  Ward- 
ens." After  "town,"  insert  "except  for  the  trial  of  small  and  mean 
causes." 

Strike  out  eighth  paragraph,  with  marginal  reference  and  abstract. 

After  marginal  reference,  "  A.  A.  1809,  viii.,  251,"  in.sert  "A.  A.  1859, 
xii.,  830." 

At  page  356,  the  first  paragraph,  under  the  Caption  "  X.  Columbia,"  to 
read  : 

"  A  tract  of  land,  two  miles  square,  purchased  from  Thomas  Taylor  and 
James  Taylor,  on  the  east  side  of  the  Congaree  River,  near  the  confluence  of 
Broad  and  Saluda  Rivers,  shall  be  called  the  City  of  Columbia,  and  is  the 
seat  of  Government  of  this  State." 

Strike  out  marginal  Terence,  and  abstract  to  same  paragraph. 

In  next  paragraph,  after  "corporation,"  insert  "known  and  called  by  the 
name  of  '  The  City  of  Columbia.'  " 

At  the  end  of  same  paragraph,  after  "ward,"  insert  "who  shall  be  resi- 
dents of  their  respective  wards." 

In  next  paragraph,  before  "  ballot,"  insert  "  general." 

At  the  end  of  next  paragraph,  a ("ter  "taxes,"  insert  "and  failing  to 
comply,  such  person  shall  be  debarred  from  voting  at  such  election." 

At  page  357,  in  fifth  paragraph,  ninth  line,  after  "  offense,"  insert  "  ex- 
cept for  the  trial  of  small  and  mean  causes." 

In  sixth  paragraph,  strike  out  "for  Richland  District." 

At  page  358,  in  sixth  paragraph,  last  line,  ttrike  out  "other." 

In  last  paragraph,  after  "  head,"  insgrt  "  and  on  slaves  of  non-residents 
a  tax  not  exceeding  two  dollars  per  head." 

In  margin,  change  "A.  A.  1839,  xi.,  98,"  to  "A.  A.  1839,  xi.,  68." 

At  page  359,  at  the  end  of  second  paragraph,  change  period  mark  to 
colon,  and  add,  "and  Provide/  further,  that  no  tax  shall  be  laid  on  any 
vehicle  going  to  or  returning  from  market." 

'     At  the  end  of  last  paragraph,  change  period  mark   to   colon,  and  add, 
"  Provided,  that  the  private  property  of  the  citizens  of  Columbia  shall  not 


48 

be  liable  in  law  or  equity  for  the  payment  of  the  corporate  debts  of  the  said 
•city  in  any  other  mode  thau  by  a  roii-ular  and  uniform  taxation." 

At  page  360,  in  third  paragraph,  second  line,  before  "fine,"  insert  "tax 
or.".     In  seventh  line,  before  "fine,"  in.-ert  "tax  or." 

At  page  oGl,  the  Commission  recommend  to  insert,  after  second  para-, 
graph,  as  follows : 

"  The  Mayor  and  Aldermen  of  the  City  of  Columbia  shall  have  power  and 
authority  to  pass  all  needful  rules  and  regulations  for  the  proper  government 
of  slaves  and  free  persons  of  color  within  the  limits  of  the  said  City." 

Change  the  second  paragraph,  under  the  title  "  Cheraw,"  to  read,  as 
directed  by  the  Commissioner,  on  page  761. 

At  page  363,  in  second  paragraph,  fifth  line,  change  period  mark  to 
colon,  after  "  town/'  and  add  "said  penalties  to  be  recovered  by  indict- 
ment." 

At  page  364,  in  second  paragraph,  after  "Peace,"  insert  "except  for 
the  trial  of  small  and  mean  causes." 

In  last  paragraph,  strik6  out  "  for  Chesterfield  District.". 

At  page  365,  in  second  paragraph,  change  "  correction  "  to  "conviction." 

At  page  367,  in  second  paragraph,  second  line,  change  "  oath"  to  "  oaths;" 
and  after  "  Judge,"  insert  "  or  Justice."  .     ' 

In  same  paragraph,  after  the  form  of  oath  therein  contained,  insert : 

"  I,  A.  B.,  do  swear  that  I  will  do  equal  and  impartial  justice  in  all 
causes  that  come  before  me  as  Associate  Judge  (or  Justice)  of  the  Supe- 
rior Court  in  the  said  State,  without  favor  or  affection  to  either  party,  and 
that  I  will  not  receive  myself,  or  suffer  any  other  person  to  receive  for  my 
use,  benefit  or  advantage,  any, present  of  money  or  money's  worth,  on  ac- 
count of  any  action,  at  any  time  pending,  in  the  said  Court,  excepting  the 
salary  allowed  to  me  by  law." 

Insert  in  margin  "7  Stat.  167." 

"  I  do  further  solemnly  swear,  that  I  will,  to  the  best  of  my  ability,  so 
far  as  I  may  be  concerned  in  the  drawing,  balloting,  impanneling  or  sum- 
raonino-  of  Juries,  truly,  diligently  and  uprightly,  carry  into  due  and  faith- 
ful execution  the  Jury  law." 

Insert  in  margin  "A.  A.  1731,  3  Stat.  282,  §  39." 

At  page  368,  after  the  fourth  paragraph,  insert  the  paragraph  which  the 
Commissioner,  on  page  749,  directs  to  be  inserted  after  the. last  paragraph. 

At  page  369,  in  first  paragraph,   strike  out  all  after  "  actions"   itx  fifth 

line. 

In  second  paragraph,  after  "  Equity,"   in  second  line,  insert  "in  cases  of 

dower  and." 

In  fifth  paragraph,  third  line,  change  "or"  to  "and;"  and,  after  "judg- 


ment/'^insert  "  for  the  consideration  of  such  points  of  law  as  may  be  sub- 
mitted." 

Aftet-last  marginal  reference,  insert  "A.  A.  1839,  70,  §  v." 

At  page  370,  strike  out  first  paragraph  with  marginal  reference. 

At  the  end  of  the  third  paragraph,  change  pericjd  mark  to  semicolon,  and 
add  "  but  in  such  case  process  may  be  served  without  actual  arrest  of  body." 

At  the  end  of  last  paragraph,  after  "  term,"  insert  "  ten  days  before  the 
time  fixed  for  such  Court." 

In  margin,  chanjie  "A.  A.  1837,  xi.,  41,  ^  12,  to  "A.  A.  1839,  xi.,  28, 
§12. 

At  page  371,  in  first  para;;raph,  ninth  line,  after  ''term,"  change  comma 
to  pcrio'^  mark,  arid  strike  out  remainder  of  paragraph. 
,ln  fir.-t  marginal  reference,  change  "  lOG"  to  "74." 

In  second,  change  "  1813"  to  "  1814." 

At  page  372,  in  fourth  line,  after  "  record,"  change  comma  to  period 
mark,  and  strike  out  roiuaindor  of  paragraph. 

In  third  paragraph,  second  line,  after  "  name,"  insert  "the  same  being 
suggested  on  the  record." 

Insert '' Attachment"  between  "Process"  and  ''Bail,"  and  correct  the 
letters,  (as  directed  by  the  Commis-sioner,  on  page  750.) 

lu  fourth  paragraph,  third  line,  before  "Nisi  Prius,"  insert  "Assizes, 
Oyer  and  Torniiner,  GencfiJ  Jail  Delivery." 

Tn  hist  paragraph,  sixth  line,  after"  returnable,"  insert  "  mesne  process." 
In  next,  after  "  and,"  insert  "final  process"  according  to  law,  "and  be." 

In  margin,  change  "  107  "  to  "'f5  ;"  and  after  last  reference  add  "  A-  A. 
1709,  vii.,  293,  §  2." 

At  page  373, 'in  pccond  paragrapli,  change  "ejectment"   to  "Trespass." 

The  third  paragraph 'to  read  : 

"  In  actions  against  a  Railroad  Company,  in  law  or  equity,  process  may 
issue  from  the  Court  in  any  District,  and  be  made  returnable  to  the  Court 
of  the  District  where  the  cause  of  action  arose,  and  be  served  personally 
on  the  President,  wherever  he  may  be  found  :  Provided,  that  such  right 
shall  not  be  construed  t6  prevent  the  commencement  of  any  action  in  law  or 
equity  in  manner  hereinbefore  provided." 

In  fourth  paragraph,  strike  out  "the  arrest  of  his  property,"  and  insert 
"  by  any  illegal  conduct  In  obtaining  the  said  writ." 

In  fifth  paragraph,  change  "served"  to  "executed;"  before  "property," 
insert  "  his  j"  strike  out  "  capable  of  being  taken  in  execution  as  his;" 
after  "found J!  change  period  mark  to  comma,  and  add,  "and  shall  be  re- 
turnable in  M«  words  'according  to  law.'  " 

In  sixth^flpragraph,   strike  out   "or  intermeddled"     After   "record"" 
change  peiiCa  mark  to  comma,  and  add,  "  and  that  the  judgment  in  such 
^^7 


50 

cases  (although  entered  tip  against  all  the  defendants  in  the  pleadings) 
shall  not  operate  as  a  devastavit  against  any  defendant  who  has  not  been 
served." 

In  margin,  change  "883"  to  ''833  j"  and  "109*'  to  "76,  §  21." 

At  page  3  i  4,  in  first  paragraph,  fifth  line,  after  "  record,"  insert  "and 
proving  on.  the  trial."  At  the  end  of  paragraph,  change  peiiod.  mark  to 
colon,  and  add^  '^Provided,  that  no  judgment  in  such  action  shall  aflfect  the 
absent  defendant." 

In  second  paragraph,  third'  line,  after  "  assignee,"  insert  "so 'Styling 
himself." 

In  third  paragraph,  strike  Out  "  written,"  also,  "  and  in  a  fair  and  legible 
hand."  \  ' 

Change  first  marginal  reference  to  "  A.  A.  1823,  vi.,  212." 

At  page  375,  after  the  first  paragraph  insert,  as  directed  by  the  Commis- 
sioner, on  750. 

In  first  paragraph,  under  caption  "  Attachment,"  change  comma  after 
"London"  to  period  mark,  and  strike  out  remainder  of  paragraph. 

In  margin,  change  "  100"  to  "76  " 

At  page  377,  at  the  end  of  first  paragraph,  after  "  prescribe,"  change 
period  mark  to  colon,  and  add,  '^Provided,  that  no  execution  shall  issue  on 
such  judgment  until  a  recovery  is  had  against  the  absent  defendant." 

At  page  378,  in  second  paragraph,  twelfth  line,  after  "  District,"  insert 
"once  every  three  months  during  said  year  and  day." 

At  page  379,  in  margin,  add  to  reference  at  sixth  paragraph,  "A.  A. 
1839,  xi.,  19,  §  18." 

At  page  3X0,  at  the  end  of  first  paragraph,  after  "action,"  change  period 
mark  to  colon,  and  add,  "  Provided,  that  the  Statute  pf  Limitations  shall 
not  run  against  any  such  judgment,  or  the  cause  of  action  on  which  it  is 
founded." 

After  last  marginal  reference,  insert  "  A.  A.  1839,  xi.,  18,  §  18." 

At  page  382,  after  last  marginal  reference,  insert  "A.  A.  1839,  xi.,  18, 
§  18."    ,^  .  ■  "    . 

At  page  383,  after  fourth  paragraph,  insert  : 

"  The  goods  and  chatties  levied  on  under  such  attadimeut  may  be  re- 
plevied, and  proceedings  had  against  garnishees,  as  in  other  cases  of  attach- 
ment where  magistrates  have  jurisdiction." 

In  margin,  at  last  paragraph,  insert  marginal  references,  "  A.  A.  1763, 
vii.,  204,  §  20;"'  "  A.  A.  1791, ^ii.,  275,  §13;"  A.  A.  1799,  vii.,  294,  § 
6;"  "A.  A.  1889,  xi.,  78,  §  32  j"  "  A.  A.  1839,  xi.,  20,  §  2i." 

At  page  384,  strike  out  third  paragraph,  with  margintil,u|sference  and 
•abstract.  ^ 

In  fourth  paragraph,  strike  out  "  at  any  time  pending  the  action ;"  and 


51 

after  "principal,"  in  ninth  line,  change  comma  to  period  mark,  and  strike 
out  remainder  of  the  paragraph. 

In  fifth  paragraph,  first  line,  change  "recovery"  to  "conversion."  In 
•econd  line,  after  "entitled,"  insert  "  at  an^  time  before  trial."  In  fifth 
line,  strike  out  ".a  positive,"  aud  insert  "an."  Tn  eighth  and  ninth  lines, 
strike  out  "  taken  it  from  him,  or  state  circumstances*  amounting  to  a  con- 
versien,"  and  inson"  converted  it  to  his  use."  In  thirteenth  liae,  change 
"  security'"  to  "bond  with  sufficient  surety." 

In  margin,  change  "109,  §  122"  to  "  76,  §  20;"  and  strike  out  "See 
A.  A.  1839,  .xi.,  10." 

At  page  385,  in  first  paragraph,  strike  out  all  after  the  tenth  line. 
In  n)argin,  change  "90"  to  "  62." 

At  pnge  386,  in  uuirgi:,',  before  "  161,"  insjrt  "  v.,"  aud  change  "41" 
to  "25."  ,        ^  .  .  " 

At  page  :387,in  first  paragraph,  change  "  14"  to  "  22." 
In  margin,  change  "  1822"  to  "  1722,"  and  "  176"  to  "  177." 
At  page  388',  in  first  paragraph,  first  line,  change  "  Union"  to  "Confed- 
eracy." 

In  fo!-rth  paragraph,  first  line,  after  "  Court,"  insert  "directed  to  two  or 
more  Commissioners,  to  be  appointed  by  the  Clerk."  In  fifth  line,  after 
"  duty,"  insert  "  including  officer^-  of  the  Lunatic  Asylum."  In  ninth  line, 
after  "party,"  insert  "or  his  attorney."  And  after  "application,"  in  tenth 
line,  strike  out  remainder  of  paragraph,  and  insert'"  each  party  suggesting 
to  the  Clerk,  the  names  of  his  Commissioner  or  Commissioners." 

In  margin,  (page  388,)  strike  out  "  1839,  xi.,  107,  §  .17,"  and  insert, 
after  last  reference,  "  A.  A.  1839,  75,  §  17."     ' 

At  page  389,  in  fourth  paragraph,  in   third  line,  strike  out  "  upon,"  and 
insert  "  affidavit."     In  fifth  line,  strike  out  "  sum'moned,"  and  insert  "  ex- 
amined." • 
.    In  margin,  at  second  paragraph,  insert  "A   A.  179i,  248,"  and  at  fourth 
paragraph,  "A.  A.  1839,  xi.,  75,^  17  "                                .            • 

At  page  390,  in  fifth  paragraph,  tliird  line,  after  "swear,"  insert  "at 
the  time  of  filing  plesi;"  and  after  "swear,"  in  sixth  line,  insort  "  at  the 
time  of  filing  plea."   • 

In  fifth  marginal  reference,  change  "  vi."  to  "  v."  •  . 

At  page  392,  aftor  first  paragrapli,  insert  the  foot  Note  directed  by  the 
Commissioner,  on  page  750,  to  be  there  inserted. 

After  second  paragraph,  strike  .out  the  Note,  and  transfer  to  third  para- 
graph of  page  395,  as  directed  by  the  Commissioner,  on  page  750. 

In  third  paragraph,  strike  out  "  the  writing  be  <leuicd  on  oath,  or  some 
matter  pleaded  in  defense,"  and  insert  "  a  defense  is  made,"  and  insert,  in 
margin,  abstract  "Not  to  prove  liquidated  demand,  unless  defenge  is  made." 


■,  .  52 

In  last  paragraph,  third  line,  before  ''actions,"  insert  "^11,", and  strike 
out  "  of  tort^"  in  same  litie  and  in  margin. 

After  last  paragraph,  insert : 

"Note — In  Scarborough  vs.  Reynolds  ,  at  Appeal  Court,  Fall  1859,* 

the  Court  overruled  Yaugliuu  &  Code,  2  Rich.,  49,  uiid  restored  Nance  and 
Palmer,  2  Bail.,  88.  '  So  where  the  recovery  is  for  thirteen  dollars,  (except 
where  reduced  by  payments  below  twenty  dollars,)  coste  will  follow."   a 

.In  first  marginal  reference,  change  "xii."  to  "  viii." 

At  page  393,  in  first  paragraph,  fifth  line,  strike  out  "  executors  or  ad- 
ministrators of  the,"  and  in  same  line,  after  ""  plaintiff,'''  insert  ".or,  if  he 
be  dead,  his  executors  or  administrators." 

After  first  paragraph,  insert,  as  directed  by  the  Conimissiouer,  on  page 
750.  ,         " 

In  nest  paragraph,  sixth  line,  change  "plaintiff"  to  "  plaintiffs,"  and 
then  insert  "  or  plaintiff." 

At  page  394,  in  first  marginal  reference,  change  "  xi.,  108,  §  18,"  to 
"vi.,  160"  .  ■ 

At  page  395,  strike  out  paragraph  commencing  with  the  word  "  Decrees," 
being  the  paragraph  directed  by  the  Commissioner,  on  page  750,  to  be 
stricken  out 

At  page  398,  after  second  paragraph,  transfer  from  page  405,  to  this 
place,  "Judicial  Sales,"  and  all  that  follows  to  '.'Court  of  Sessions,"  as 
directed  by  the  Commissioner,  on  page  750. 

In  last  marginal  reference,  change  "  172  "*  to  "  121." 

At  page  b99,  in  fourth  paragraph,  first  line,    change    "  person"  to  "  pris- 
oner in  execution."     In  third  line,  after   "discharge,"  insert   "and  on  his 
.  discharge  shall  fail  to  assign  and  surrender,  as  far  as  in  his  power,  the  prop- 
.  erty  in  such  schedule  mentioned." 

At* page  402,  in  margin  of  third  paragraph,  insert  "New."  ' 

At  page  405,  as  directed  by  the  Cootmissioner,  on  page  751,  transpose 
second  and  fourth  paragraphs,  so  that  the  second  shall  be  fourth  and  the 
fourth  f-econd.  ^  '  ' 

,  In  third, paragraph,  fourth  line,  after  "preference,"  insert  "or  having 
made  a  false  return,  or  having  gone  without  the  prison  walls  or  prison  rules, 
as  the  case  may  be." 

Between  third  and  fourth  paragraph,  as  transposed,  insert  : 

"A.  A.  1833,  v.,  491.  "  A  Judge  sitting  in  open  Court  may  submit  to 
the  jury,  already  impanneled,  any  such  issue.  If  the  said  issue  be  made 
before  a  Justice  of  tlie  Peace  or  Commissioner  of  Special  Bail,  he  shall 
place  the  names  of  tweuty-four  neighboring-  freeholders  in  a  box,  and  from 
them  draw  eighteen,  aud  directed  the  Sheriff  of  the  District  to  summon  the 
freeholders,  whose  names  shall  be  tbus  drawn,  to  attend  at  the  Court  House 


53 

of  the  District,  and  at  a  time  to  be  fixed  by  said  Justice  or  Com- 

inissiouer  of  Special  Bail)  aud  from  them  shall  be  drawn  twelve,  who  shall 
be  imphrineled  to  try  the  said  issue;  and  if  from  the  eighteen  freeholders 
so  suiumoned,  twelve"  cannot,  frou?  any  cause,  be  impauneled,  then  the  num- 
ber shall  be  completed  from  the  uuinher  originally  selected. 

"  The  freeholders  so-summoned  shall  be  liable  to  the  same  fine  for  non- 
attendance,  without  sufficient  cause,  to  which  jurors  uoV  are  for  non- 
attendance  at  the  Court;  iind  the  Justice'  or  Commissioner  of  SpeciahBail 
i^hall  return  the  names  of  any  freeholders  who  shall  neglect  to  attend,  to  the 
Clerk  of  the  Court  of  Common  Pleas  of  the, District,  who  shall  proceed, 
against  the  said  defaulters  as  against  non-attending  jurors. 

•*' The  Justice  or  Commissioner  of  Special  Bail  shall  be  entitled  to  re- 
ceive, out  of  the  property  assigned  by  the  prisoner,  the  sum  of  two  dollars, 
as  compens;!ticn  for  his-services  in'  hearing  and  trying  any  such  application 
in  ar.y  case  not  litigated;  and  whenever  the  same'  may  be  litigated,  the  sum 
of  four  dollars,  to  be  paid  to  him  out  of'the  property  of  the  prisoner,  if  the 
final  decision  be  against  the  prisouer;  but  if  it  be  in  his  favor,  the  said 
sum  of  four  dollars  shall  be  paid  by  the  plaintift';  aud  the  Sheriff 
shall  receive  the  sum  of  five  dollars,  as  compgnsatiun  for  summoning  the 
said  freeholders,  to  ba  paid  out  of  the  property  of  the  prisoner,  if  his  appli- 
cation be  refused,  and,  if  granted,  by  the  plain tilf;  and  the  said  Justice  or 
Commissioners  of  Special  Bail  is  empowered  to  issue  executions  agiunst  the 
property  or  person  so  liable  to  pay  tfie  said  .«um. 

If  the  verdict  of  the  jury,  or  of  the  freeholders,  so  impanneled,  as  afore- 
said, be  in  favor  of  the'  prisoner,  and  the  plaintiff  should  appeal,  the  pri- 
soner shall  be  entitled  to  be  discharged  from  confinement,  on  his  giving  bond 
and  sufficient  sureties  to  the  plaintiff,  to  be  forthcoming,  and  to  abide  by  the 
decision  of  the  Court  of  Appeals ;  and  if  the  said  appeal  be  determined 
against  the  prisoner,  and  he  be  ncit  surrendered  (which  a  surety  is  hereby 
authorized  to  do)  before  the  first  day  of  the  Circuit  Court  nest  succeeding 
'the  determination  of  such  appeal,  then  the  Clerk  of  the  Co"Urt  shall,  on  the 
application  of  the  plaintiff,' or  his  agent,  forthwith  issue  a  scire  fac'as  on  the 
said  bond  against  the  prisoner  and  his  sureties,  as  in  cases  of  estreated 
recognizances;  but jf  the  said  prisoner  shall  appear,  or  be  surrendered  as 
aforesaid,  then,  the  said  Judge,  Justice  or  Commissioner  of  Special  Bail, 
shall  forthwith  proceed  to  impannel  a  jift-y  and  try  the  case,  as  hereinbefore 
provided  for,  with  the  same  liabilities,  rights  and  privileges  as  aforesaid." 

A^tcr  paragraph  second,  (on  page  405,)  transposed  to  be  fourth,  insert,  as 
directed  by*the  Commissioner,  on  page  751. 

In  place  of ''Judicial  Sales,"  aud  what  follows  down  to  "Court  of  Ses- 
sions," insert  the  first  of  the  two  paragraphs,  directed  by  the  Commissioner, 
on  page  751,  to  be  there  inserted. 


54 

At  page  406,  strike  out  first  paragraph, .  under  captien  "Court  of  Ses- 
sions." 

At  page  407,  in  second  paragraph,  first  line,  after  ^'  accused,"  insert  *'  in 
cases  of  felonies."     In  seconct'line,  strike  out  ''  where  ^e  is  fried/' 

In  third  paragraph,  change  "publishad  and  carried  into  cifect"  to  "  passed 
on  the  defendant  at  the  next  Circuit  Court." 

At  page  409,  in  second  paragraph,  under  the  caption  "I.  Mode  of  Ap- 
pointment and  qualification."  _  After  (''  Sec  Title,  Public  Ofiieers,")  insert 
"and  the  following  oath  :" 

"  I  do  further  solemnly  swear,  that  I  will  to  the  best  of  ray  ability,  so  far 
as  I  may  be  concerned  in  the  drawing,  balloting,  impanncling  or  stimmoning 
of  Juries,  truly,  diligently  and  uprightly  carry  into  due  and  faithful  execu-  • 
tion  the  Jury  law."  •* 

At  page  416,  in  second  paragraph,  change  "  Magistrates'  and'Constablea' 
Roll,"  to  "Roll  of  Justices  of  Peace  and  Constables;"  and  change  "  Magis- 
trate" to  "Justice  of  the  Peace," 

At  page  417,  in  sixth  paragraph,  change  "  Magistrate"  to  "  Justice  of  the 
Peace." 

At  page  418,  in  second  paragraph,  strike  out  ".within  two  weeks  after  the 
adjournment  of  the  said  Court." 

At  page  424,  in  fourth  paragraph,  change  '-'  Monday"  to  "  Tuesday." 

At  page  126,  the  last  marginal  reference,  to  read  "  A.  A.  1839,  xi.,  106, 
§8."     * 

At  page  427,  first  paragraph,  after  "  forfeitures,"  insert  "  or  other  moneys." 
In  second  line,  after  "him,"  insert  "by  order  or  permission  of  Court."  In 
fifth  line,  after  "  given,"  insert  "of  the  receipt  of  such  fines  and  forfeitures, 
within  one  week." 

At  page  430,  the  third  Circuit  to  be  changed  as  follows  :  "  A.  A.  1848, 
xi.,  525:  Chesterfield,  Marlborough,  Dai^ington,  Marion,  Horry,  George- 
town, Williamsburg." 

In  fourth,  transpose  "  Kershaw"  and  "  Clarendon." 

At  page  431,  in  margin  of  fourth  paragraph,  insert  "  New." 

At  page  434,  in  margin  of  fourth  paragraph,  insert  "  A.  A.  1850,  67." 

I y  fifth  paragraph,  change  "  Petitionei;s"  to  "  Petition^." 

At  page  438,  in  second  paragraph,  strike  out  all  after  "Jiusbands,"  in  _ 
fourth  line,  and  insert  "  to  admit  Gruardians  ad  litem,  to  grant  commissions 
of  dedimus  jiotestatem,  to  take  the  answers  of  defendants  who  are  absent,  and 
grant  commissions  to  take  the  examination  of  witnesses  either  in  the  State  or 
abroad,"  (according  to  the  direction,  with  some  modification,  of  tbe  Commis- 
sioner^, on  page  751.) 

In  third  paragraph,  fifth  line,  after  "  merits,"   insert  "  and  they  shall 


•  55 

possess  the  same  powers  as  a  Cbadcellor  at  Chambers,  to  grant  orders  for  writs 
of  N't:  Exeat  and  Attachment  in  all  cases  of  practice." 

At  page  440j  in  fourth  paragraph,  strike  out  "  and  if  detained  more  than 
six  months,  unless  for  good  cause,  as  defaulter." 

At  page  441,  at  the  end  of  third  paragraph,  strike  out  ^' nor  be  invested 
on  personal  security." 

After  third  paragraph,  insert : 

'•'  It  shall  be  the  duty  of  the  Chancellor,  on  the  first  day  of  each  term,  to 
call  on  the  Master  to  render  his  annual  reports." 

At  page  445,  in  fourth  paragraph,  first  line,  after  "  dollars,"  insert  ''  or 
in  cases  not  litigated." 

At  page  446,  in  fourth  paragraph,  eighth  line,  after  "  one,"  insert  "  or 
more."  Change  "  City  of  Charleston"  to  "  State."  Strike  out  ''and  posted 
at  the  door  of  the  Court  House."  The  Commission  recommend  that  after 
"just,"  in  fourteenth  line  of  same  paragraph,  be  added,  "and  issue  the  pro- 
cess necessary  to  enforce  the  execution,  or  compel  the  perlormance  of  the 
said  decree;  the  Plaintiif  first  giving  sufficient  security  in  such  suA  as  the 
said  Court  shall  think  proper,  to  abide  such  order  as  may  be  made  on  the 
defendant's  appearing  to  the  suit,  and  paying  such  cost  to  the  plaintiff  as  the 
Court  shall  ord^. 

In  the  margin  of  the  remainder  of  said  paragraph,  insert  "  New  or 
altered." 

At  page  447,  strike  out  third  paragraph. 

At  pa^c  448,  in  margin',  change  "  8"  to  "  21,"  and  after  "1791,  vii.,  259, 
§  5,"  insert  "  1840,  xi.,  115,. §  21." 

At  page  449,  in  margin,  change  "277"  to  "  279." 

At  pane  451,  strike  out  first  paragraph. 

In  third  paragraph,  fourth  line,  after  "party,"  insert  "  or  his  solicitor." 
Strike  out  "  from  Xhe  intimation,"  and  insert  "after  notice." 

The  fourth  paragraph  to  read : 

"  Where  any  decree  shall  be  delivered  during  the  sitting  of  the  Court  of 
Appeals,  an  appeal  therefrom  may  be  docketed  immediately,  and  heard  at 
the  same  Court,  on  giving  four  days'  notice  to  the  opposite  party." 

At  page  452,  strike  out  sixth  paragraph. 

At  page  45o,  strike  out  and  insert,  as  directed  by  the  Commissioner,  on 
page  751.      ' 

At  page  454,  in  fourth  paragraph,  before  "  Georgetown,"  insert  "  Beau- 
fort." 

At  page  455,  after  first  paragraph,  insert  the  paragraph,  directed  by  the 
Commissioner,  on  page  751,  to  be  inserted  after  the  sixth  paragraph,  at  page 
454. 


In  second  paraCTaph,  after  "  Ajjpeals,"  insert  "for  Charleston,  and  also 
for  Columbia. " 

In  third  paragraph,  after  "  salary,"  insbrt  "  of  each."     Change  "  Libra-      -^ 
rian"  to  "  Librarians." 

Omit  the  insertions  and  changes,  directed  by  the  Commissioner,  on  pages 
751  and  753,  to  be  made  at  page  455.  • 

In  fourth  paragraph,  (page  455,)  change  "three"  to  "six,"  and  insert'~in 
margin  "A.  A.  1862  and  3,  94."  '         . 

At  page  456,  in  second  paragraph,  change  "  one  hundre^l  and  fifty"  to 
"-two  hundred,"  and,  in  margin,  insert  "  A.  A.  1862  and  3,  94." 

At  page  457,  in  fifth  paragraph,  change  '•  attainted"  to  "  convicted,"  and 
"  stigmatical  offense"  -to  "  of  the  crimen  falsi," 

In  last  paragraph,  strike  out  "  or  iVssistant  Judges." 

At  page  458,  in  last  paragraph,  strike  out  "  of  sixty-three  cents  or  more." 

At  page  459,  at  the  end  of  first  paragraph,  add  : 

."  The  Sh'eriff  of  each  district  shall  procure  said  tax  returns  from  the  tax 
collectot,  when  ordered  by  the  Court,  for  the  purpose  of  making  out  new 
Jury  lists."  ^ 

In  third  paragraph,  change  "  beat  of  drum"  to  "  notice  posted."  Strike 
out  all  after  "  door,"  and  insert  "  for  two  weeks  before  such  day." 

A't  page  461,  strike  out  third  paragraph,  (which  commences  with  the 
words  "  And  in  case.") 

At  page  464,  strike  out  third  paragraph.  • 

At  page  465,  in  second  paragraph,  change  "  one"  to  "  three." 

At  pages  465  and  466,  transpose  the  paragraphs  under  the  caption  :    "  I.    ' 
Mode  of  Appointment  and  Qualification;"   so  that  the  fifth  shall  be  third,    '. . 
the  sixth  shall  be  fifth,  and  the  third  shall  be  sixth. 

In  lieu  of.  insertion,  directed  by  the  Commissioner,  on  page  75^,  to  be  • 
made  after  said  paragrapTis,  insert :  .  . 

"The  Ordinary  shall  grant  administration  in  the  following  maaner : 
After  requiring  the  person  or  persons  applying  therefor  to  file  a  petition  in 
writing,  he  sEall  issue  a  citation  to  the  kindred  or  creditors  of  the  intestate 
or  person  deceased,  to  show  cause,  if  any  they  have,  why  administration 
shall  not  be  granted  to  the  person  or  persons  applying  therefor,  and  he  shall 
cause  the  same  to  be  published  on  the  Court  House  door  of  the  district  i.n 
which  his  office  is,  for  two  successive  weeks,  and  also  by  having  it  printed 
once  a  week,  for  two  successive  weeks,  after  it  has  been  issued  in  some 
public  Gazette,  if  any  be  published  in  the  District." 

Insert  in  the  margin  "  A.  A.  1839;  xi.,  40,  §  8." 

xit  page  467,  iq  second  paragraph,  second  line,  strike  out  "  executors  or." 
At  the  end  of  same   paragraph,  change  period  mark  to  comma,   and  add, 


57 

"  regula,fclng  the  place,  time  and  credit ,  and,  in  case  of  executors,  he  shall 
have  the  sametpower,  if  not  inconsistent  with  the  will." 

In  third  paragraph,  after  ''  arrangements,"  insert  "  upon  the  petition  of 
any  person  interested."  In  fourth  line,  after  "  value,"  insert  "  of  the  whole 
real  estate  of  the  deceased."  At  the  end  of  third  paragraph,  change  period 
mark  to  colon,  and  add,  "  Provided,  that  there  shall  be  a  right  of  appeal  to 
the  Court  of  Common  Pleas." 

In  the  last  paragraph,  strike  out  "  once  3,  week  ;"  and,  in  lieu  of  "  neigh- 
borhood of  their  residence,  if  it  be,"  on  page  4:67,  and  of  "  known ;  and  if 
it  be  not  known,  in  such  suitable  paper  as  he  niay  think  most  likely  to  effect 
the  intention  of  notice."  On  page  468,  insert  "  nearest  re^rulifrly  published 
newspaper."  ,  . 

At  page  468,  strike  out  first  paragraph,  as  above  directed. 

In  second  paragraph,  seventh  line,  after  '^  confidence"  insert,  "a  majority 
of  whom  shall  hav.- power  to  act." 

At  page  469,  in  second  paragraph,  fourtlrline,  change  "  his  next  friend" 
•  to  *'  the  person  desiring  the  appointment." 

In  fifth  paragraph,  strike  out  second  sentence  and  insert:  "  When  a 
guardian,  accountable  to  the  Ordinary,  or  an  Administrator,  shall  remove 
from  the  State,  without  having  accounted  for  his  guardiaftshif)  or  adminis- 
tration, Or  where  there  cannot  be  personal  service  of  the  citation  to  account, 
upon  petition  being  filed  for  an  account  of  such  guardianship  or  administra- 
tion by  any  person  interested  in  tlie  estate,  it  shall  be  the  duty  of  theA)rdi- 
nar^  to  cau-6  a  rule  to  be  published  in  the  nearest  Gazette  within  the  State, 
requiring  the  said  guardian  or  administrator,  and  his  or  her  sureties,  to 
appear  on  any  day  txed  and  render  an  account  of  such  guardianship  or  afl- 
minisiration,  and  to  cause  a  copy  of  such  rule  to  be  served  upon  sucli  of  the 
sureties  ns  may  be  living  within  the  State,  or  the  legal  representatives  of 
any  who  may  be  <Jead.  And,'  upon  the  expiration  of  the  rule,  the  Ordinary 
shall  proceed  to  take  an  account  of  the  guardianship  or  administration,  and 
make  a  decree  thereon,  as  in  other  cases.  And  the  decree  of  the  Ordinary 
shall  be  evidence  to  charge  the  sureties  on  the  guardianship  or  administra- 
tion bond,  as  also  the  estate  of  the  absent  guardian  or  administrator,  if  he 
have  any  in  the  State,  as  if  the  guardian  or  administrator  had  been  person- 
ally cited  to  account. 

"  When  a  guardian  or  administrator  shall  have  departed  this  life  without 
Slaving  accounted,  and  leaving  no  executor  or  administrator,  it  ehall  be 
sufficient  for  the  Ordinary  to  cite  the  sureties  by  persona!  .summons,  or  by 
notice  in  the  Gazette,  as  in  case  of  removal  from  the  State,  and  proceed  to 
take  an  account,  as  in  otljer  cases.  And  the  t^aid  'decree  shall  have  the 
saiue  force  and  efl'ect  against  the  sureties,  as  if  pronounced  against  the  guar- 
8 


58 

dian  or  administrator  in  his  life  time,  and  shallTse  evidence  to  charge  them 
upon  the  guardianship  or  administration  bond." 

In  sixth  paragraph,"  (page  469,)  strike  out  "  who  retains  me  funds  of  his 
ward'in  his  own  hands  or." 

At  page  470,  strike  out  second  paragraph. 

In  fifth  paragraph,  first  line,  after  "  account,"  insert  "  or  any  order  on 
the  application  of  proceeds  of  real  estate  for  the  payment  of  debts." 

At  page  471,  in  third  paragraph,  strike  oftt  all  after  "party"  in  fourth 
line,  and  change  semi-colon  to  period  mark.  •  "       , 

In  margin,  change  "  20  "to  "  25." 

At  page  473,  in  first  paragraph,  under  "Penalties,"  change  period  mark 
to  comma,  and  %dd,  "under  a  penalty  of  one  thousand  dollars,  to  be  re- 
covered by  indictment,  and. imprisonment  not  exceeding  one  year." 

At  page  474,  strike  out  the  JVote,  also  the  first  paragraph  after  the  note. 
In  second.^aragraph,  after  the  note,  change  "The  Registers"  to  "  A- 
Register,"  and  after  "Conveyances,"  insert  "for  Charleston  District." 

In  the  next  paragraph,  change  "Districts"  to  "  District,"  and  strike  out^ 
"and  Georgetowo." 

In  last  paragraph,  change  "  Districts"  to  "  difitrict,"  and  strike  out  "and 
Georgetown." 

At  page  475,  in  first  paragraph,  ninth  and  tenth  lines,  strike  out  "and 
the  Register  for  Georgetown,  in  the  Court  House  for  that  District;  each." 

Injiist  paragraph,  first  line,  correct  typographical  error,  by  changing 
"Register"  to  "Register."  '      . 

At  page  480,  the  Commission  recommend  the  adoption  of  the  first  para- 
gfaph,  marked  in  margin  as  "New." 

At  page  482,  after  the  fifth  paragraph,  insert,  as  directed  by  the  Commis- 
sioner  on  page  752. 

The  seventh  paragraph  to  read  : 

"  All  grants  which  in  other  respects  are  fairly  authenticated  shall  be  deem- 
ed good,  notwithstanding  the  want  of  the  great  seal.  The  duplicate  of  the 
small  seal  shall  be  kept  and  used  in  Columbia,  and  the  original  in  Charles- 
ton." 

Strike  out  the  last  paragraph  (of  one  line.) 

At  page  4^iS,  strike  out  "  Catawba  Indians,"  and  all  subsequent  on  that 
page,  and  the  two  first  paragraphs  bn  page  484.  ■• 

At  page  486,  in  first  paragraph,  after  "  assessed"  in  second  line,  insei^t 
"  or  tender  thereof,  if  refused."  * 

At  page  487,  tTie  commission  recommend  the  adoption  of  the  second  par- 
agraph, marked  in  margin  "  New."         ■  , 

After  the  second  paragraph,  insert,  as  directed  by  the-  Commissioner,  on 
page  752.  , 


59 

Omit  the  insertion  directed  by  the  Commissioner,  on  page  753,  to  be 
made  as  a  foot  Note  at  the  end  -of  third  paragraph. 

In  first  paragraph,  under  caption  "Conveyance,"  in  fourth  line,  after 
"of,"  insert  "and  subscribed  by,"  and  after  '•  two,"  insert  "or  more  cred- 
ible." .     • 

At  page  490,  in  second  paragraph,  first  line,  before  "seven>"  insert  "at 
any  time  after  the  expiration  of." 

In  third  Hue,  strike  out  "or."  lu  fourth  line,  after  "Peace,"  insert  "or  a 
Notary  Public,"  and  strike  out  "  of  the  district  in  which  she  resides,  or  in 
whiph  thc'land  lies."  In  seventh  and  thirteenth  lines,  strike  out  "or," 
and  insert  a  comma;  ;iftev  "  Justice,"  insert  "  or  Notary." 

At  page  491,  the  Couunissiun  recommend,  that  the  last  paragraph,  which 
ends  on  page  492,  be  stricken  out. 

At  page  492.  •  , 

After  third  paragraph,  on  page  492,  insert  as  directed  by  the  Commis- 
sioner,"  on  pages  753,  754,  755  and  756,  except  as  the  contents  of  said 
pages  are  altered,  as  follows  : 

.After  page  754,  in  second  paragraph,  strike  out ."  sales."  After  "  Co- 
lumbia," insert'"  within  si'xty  days  from  the  time  of  execution,"  and  strike 
out  "and  that  deed  that  is  first  thus  recorded  shall  have  priority." 

Strike  out  fifth  paragraph. 

In  seventh  paragraph,  after  "  title,"  insert  i'  reserving  any  interest  in  the 
^jhattel  in  the  vendor." 

At  page  755,  in  second  paragraph,  strike  out  the  second  sentence,  (which 
commences  with  the  words  "  And  if.") 

Page  492,  continued.  In  last  paragraph,  first  line,  .change  "  negroes  " 
to  "  personal  property.". 

At  page  -^3,  in  second  paragraph,  first  line,  after  "Commissioners,"  in- 
sert "  to  be  appointed  t)y  the  Court." 

In  third  paragraph,  sixteenth  line,  c':ange  "  purcha.se"  to  "consideration." 
In  nineteenth  line,  change  "  they"  to  "it."  lu  fourth  paragraph,  change 
"  negroes"  to  "  personalty." 

Strike  out  last  paragraph. 

At  page  495,  in  fourth  paragraph,  change  "  ten"  to  "fifteen,"  and  strike 
out  "in  open  Court." 

At  page  490,  at  the  end  of  -first  paragraph,  after  "land,"  insert  "or  such 
other  person  as  may  be  in  posses.sion  of  the  land." 

At  page  497,  at  the  end  of  fifth  paragraph,  in  place  of  "  accordingly," 
insert  "as  in  such  case  is  provided  by  law." 

At  page  498,  strike  out  third  paragraph,  (which  commences  with  the 
word  "  When.") 

In  margin  of  fourth  paragraph,  insert  "  New." 


60 

In  last  paragraph,  strike  out  "  landlord's  will  and  demand  made,"  and 
insert  "  will  of  the  lessor,  or  his  heirs  or  assigns."  Strike  out  "  the  land- 
lord," in  last  line,  and  insert  "  such  lessor  or  his  heirs  or  assigns."  Strike 
out  "  for  the  space  of."  -• 

At  page  499,  in  first  paragraph,  first  line,  strike  out  ''  ten  days."  Change 
"  landlord"  to  the  lessor,  his  heirs  or  assigns." 

Strike  out  second  and  third  paragraphs  and  insert : 

"  Whereupon  the  Justices  shall  place  the  names  of  twenty-four  neigh- 
boring freeholders  in  a  box,  and  from  il^em  draw  the  names  of  eighteen, 
and  shall  thereupon  issue  their  warrant  in  the.  nature  of  a  summons,  di- 
rected to  the  Sheriff  or  any  Constable  of  the  District,  commanding  s*uch 
ofiicer  to  summon  the  said  eighteen  freeholders  to  attend  at  a  certain  time, 
within  four  days,  and  at  a  place  appointed;  and  from  the  said  eighteen  free- 
holders so  summoned,  twelve  shall  be  drawn  in  the  same  manner,  who  shall 
•be  impauneled  to  try  the  facts:  Provided,  that  if  from  the  said  eighteen, 
so  summoned,  .the  number  of  twelve,  cannot,  from  any  cause,  be  had,  the 
the  Justices  are  authorized  to  complete  the  number  from  the  remainder 
originally  selected.  And  the  said  Justices  shall  also  summon  the  said  lesseSf 
or  tenant,  or  any  other  person  claiming  or  coming  into  possession  under 
him,  at  -the  same  time,  and  in  the  same  way,  likewise  to  appear  before  them, 
to  shew  cause,  if  any  such  lessee  or  tenant  or  other  person  have,  why  pos- 
session of  the  premises  should  not  be  forthwith  restored  to  such  lessor,  hia' 
A  heirs  or  assifi:ns ;  and  if,  upon  Soaring  the  case,  they  shall  be  satisfied  that 
the  petitioner  is  entitled  to  the  possession  of  the  premises  in  question,  they 
shall  so. find,  whereof  the  said  Justices  shall  make  a  record,  an^  shall  there- 
upon issue  their  warrant,  directed  to  the  Sheriff  of  the  District,  command- 
ing him  forthwith  to  ..deliver  to  such  le=sor,  his  heirs  or  assigns^  full  posses- 
sion of  the  premises,  and  to  levy  all  expenses  incurred  of  the  goods  and  ,- 
chattels  of  the  lessee  or  tenant,  or  other  person  in  possession,  as  aforesaid." 

Insert  in  margin  "A.  A.  1839,  xi.,  21,  §  23." 

In  fourth  paragraph,  change  "elected"  to  "selected." 

In  fifth  paragraph,  change  "The  SheriflF's  compensation"  to  "  The  com- 
pensation of  the  Sheriff  or  Constable."  " 

At  page  500,  do  not  insert  the  paragraph  stated  at  page  535  to  have  been 
omitted  at  page  500. 

At  page  501,  add  to  fourth  paragraph,  (which  commences  with  the 
words  "  No  goods,    )  as  directed  by  the  Commissioner  on  page  756. 

At  page  504,  after  the' third  paragraph,  insert,  as  directed  by -the  Commis- 
sioner, on  page  756 

Do  not  make  the  insertion,  directed  by  the  Commisssoner,  in  "  Errata,  "  oa 
page  536. 

At  page  506,  strike  out  fourth  paragraph,  (which  commences  with  the 


61 

words  "  Tf  negroe^,")  the  same  being  incorporated  in  paragraph  on  page  549. 

At  page  508,  insert  as  first  paragraph  on  this  page  : 

"  The  proceeds  arising  from  the  sale  of  the  property  assigned  shiill  be 
deposited  for  safe  keeping  in  the  Bank  of  4he  State  of  South  Carolina,  or 
one  of  its  branches,  in  the  joint  names  of  the  assignees  and  agents,  and  sub- 
ject to  their  joint  drafts."  f 

Before  "  Debtot  and  Creditor,"  insert,  as  directed  by  the  Commissioner,  on 
page  760. 

Under  "  Delftor  and  Creditor,"  insert  the  two  paragraphs,  directed  by  the 
Commissioner,  on  page  756,  to  be  inserted,  placfug  them  as  follows  :  The 
paragraph  on  "page  7^6,  commencing  with  the  words,  "The  money,"  to  be 
the  itirst  paragraph  urtdor  caption  "  Debtor  and  Creditor."  The  paragraph 
on  page  508,  commencing  with  the  wftds,  "  Every  creditor,"  to  be  the 
second;  and  the  paragraph  on  page  756,  commencing  with  the  words,  "If 
a  debtor,"  to  be  the  third. 

In  paragraph  which  commences  with  the  word  "  Assignees,"  insert 
"  bills,"  in  firi«t  linie,  before  "bonds."  In  third  line,  after  "  a.ssignees," 
insert,  "  so  styling  themselves  in  their  own  writ." 

In  last  paragraph,  change  "  pounds  "  to.  dollars."  ' 

At  page  509,  in  first  paragraph,  change  "  pounds  "  to  "  dollars." 

In  third,  paragraph,  sixth  line,  after"  oath,"  insert  "in  open  Court." 

Strike  out  "Judgments,"  and  the  paragraph  that  follows,  as  directed  by 
the  Commissioner,  on  page  757, 

Atpage  510,  in  second  paragraph,  eleventh  line,  change  "information" 
to  "  indictment  " 

At  page  5J.1,  in  last  line;  strike  out  "  add  payment." 

At  page  512,  in  first  line,  strike  out  "  of  a  substantial  part  of  the  purchase 
money." 

At  page  514,  after  third  paragraph,  insert,  as  directed  by  the  Commission- 
er, on  page  757. 

In  first  paragraph,  after  "  Weights  and  Measures,"  change  "  by  the 
standard  of  London,"  to  "as  provided  by  the  Constitution  of  the  Con- 
federate States." 

At  page  515,  in  margin,  change  "  1850  "  to  "  1851." 

At  page  516,  the  Commission  recommend  the'  adoption  of  the  paragraph 
en  this  page.  . 

At  page  ,fel7,  the  Commission  recommend  the  adoption  of  the  third  para-' 
graph  on  this  page,  marked  in  the  margin  as  "  New." 

At  page  518,  alter  the  last  paragraph  to  read  : 

"  Lands  acquired  by  any  person  after  making  his  will  shall  pass  thereby 
in  the  same  manner  and  to  the  same  extent  «s   personal   estate  thus   ac- 


\ 


02 

quired.     And  in  margin,  strike  «ut  "Altered,"  "not,"  and,  "but  be  dis-    . 
tributable." 

At  page  519,  omit  the  insertion,   directed  by  tbe  Commissioner,  on  page 
757,  to  be  made  after  the  secotid  paragraph  on  this   page.     Leave  third   ' 
paragraph  as  it  is.. 

Strike  out  fourtH|paragraph  and  note  to  same. 

At  page  521,  in  second  line,  after  "  issue,"  insert  "  of  the  marriage,"  as 
directed  by  the  Commissioner,  on  page  758. 

The  third  paragraph  to  read  : 

"Wills  may  be  admitted  to  probate  in  common  form,  upon  the  oath  of 
one  or  more  of  the  subscribing  witnesses,  or,  if  the  witnesses  be  dead  or  out 
of  the  State,  by  proof  of  handwritiiK^." 

In  fourth  paragraph,   change  "  ^xt  of  kin"  to  "  heirs  at  law  and  dis-^ 
tributees." 

At  page,  522,  in  first  paragraph,  first  line,  after  "■form,"  insert  "The 
citation  to  prove  a  will  in  solemn  form,  shall  be  by  personal  notice  to  such 
parties  as  are  in  the  State."  Iti  lieu  of  the  following  part  of  the  paragraph, 
insert  "  And  if  any  person  interested  be  absent. from  the  State,  a  notice  of 
the  proceedings  shall  be  addressed  to  him  by  name,  and  published  at  least 
once  a  month  for  three  months  in  some  newspaper  of  the  State." 

At  page<523,  in  fifth  paragraph,  fi'th  line,  after  "  estate,"  insert*,  "  twenty 
days'  notice  in  writing  being  first  given  to  the  opposite  party." 

In  margin  of  third  paragraph  insert  "New."  .« 

At  page  524,  after  first  paragraph,  insert^  as  directed  by  the  Commissioner,  , 
on  page  758. 

In  second  paragraph,  fourth  #nd  fifth  line-,  strike  out  "or  their  legal 
representatives."  »  . 

In  fourth  paragraph,  second  and  third  lines,  strike  out  "with  good  and 
sufllicient  security  in  a  sum  equal  to  the  value  of  the  estate  at  least,"  and 
insert  "in  a  penalty  double  the  amount  of  the  estimated  value  of  the  testa- 
tor's personal  estate,  with  two  or  more  good  sureties,  the  clear  aggregate 
value  of  whose  estate  shall  not  be  less  than  the  penally  of  the  bond." 

At  page  525,  in  the  blank  in  fifth  line,  insert  "  Ordinary."     . 

In  last  paragraph,  first,  second  apd  third  lines,  strike  out  "with  good 
security,  to  approved  by  the  "Ordinary,  in  a.  sum  equal  to  the  full  value  of 
the  estate,"  and. insert  "in  a  penalty  double  the  amount  of  the  estimated' 
value  of  the  personal  estate  of  the  deceased,  with  two  or  more  go5d  sureties, 
the  clear  aggregate  value  of  whose  estate  shall  not  be  less  than  the  penalty 
of  the  bond." 

At  page  527,  the  first  marginal  reference  to  read  "A.  A.  1839,  xi ,  42, 
43."  ■ 

At  page  528,  in  fourth  paragraph,  fiftt  line,   after  "  executors,"  insert 


* 


V1 


'•'  and, administrators;"  and  after  "annually,"  insert  "in  the  aionth  of  Jan-- 
uarj."  At  the  end  of  the  same  paragraph,  after  "occur,"  insert  "  and 
sh^ll  also  be  liable,  after  rule,  to  attachment  for  contempt." 

Tn  fifth  paragraph,  after  "  eseciitor,"  in  fifth  line,  insert  "  or  administra- 
tor." • 

After  fifth  paragraph,  insert  the  paragraph,  directed  by  the  Commis- 
sioner, on  page  758,  to  be  inserted  after  fourth  paragr^Pi. 

At  page  529,  at  the  edd  of  fourth  paragraph,  after  "loss,"  insert  "to  be 
recovered  by  action  on  the  case  against  such  executors,  or  by  action  of  debt 
on  the  bond  of  such' sureties."  •  ' 

At  page  530^  after  the  first  paragraph,-  insert,  as  directed  by.  the  Commis- 
sioj^r,  on  page  758. 

In  third  paragraph,  first  Hue,  after  "sale,"  the  Commission  recommend  to 
insert  "by  an  executor,"  and  insert  "New"* in  margin. 

Strike  oift  fourth  paragrapli. 
.    In  fifth  paragraph,  eleventh  line,  change  "  debtors"  to  "  creditors." 

AJter  fifth  paragraph,  insert,  as  directed  by  the  Commissioner,  on  page 
750. ^  .  -  * 

In  sixth  paragraph,  first  line,  after  "  testator,"  insert  "  or  intestate,"  In 
second  line,  after  "emblements,"  insert  "which  shall  be  severed  before  the 
last  da}'  of  December  following."  In  third  line,  after  ^'  esTecutor,"  insert 
"  or  administrator,  subject  to  debts,  legacies  and  distribution,  taxes,  over- 
seer's wages  and  expenses  of  physic,  food  and'  clothing,  being  first  paid." 

In  same  line,  strike  out  "agri-." 

At  pagp  531,  ill  first  paragraph,  strike  out  "  culture,"  and  insert  "  making 
a  crop."     In  second  line,  after  '*  executors,"  insert  "  or  administrators." 

The  changes  in  this  paragraph  ar«  recommended  by  ti.e  Commission. 

In  fifth  paragraph,  third  line,  after  "Master,"  insert  "  in  Equity."  In 
sixth  line,  strike  out  "or,"  and  insert  "and  if  none  then."  • 

At  page  532,  in  first  paragraph,  second  line,. after  "  bond,"  insert  "  with- 
out security."     In  fourth  line,  after  "  collected,"  insert  "  and  received." 

Strike  out  last  paragraph. 

At  page  539,  in  fourth  paragraph,  thirteenth  line,  change  "  information" 
to  "  indictment." 

At  page  540,  the  Commission    recommend   the  adoption  of  the  section  or 
paragraph  numbered  "  7,"  on  this  page,  which  is  new. 
.  At  page.  545,    in    the   Note,  second   line,  change  "  primitive"  to  "  puni- 
tive." 

At  page  549,  in  the  foot  note,  tenth  line,  insert  "a"  between  "by"  and 
"separate."     In  nineteenth  line,  change  "executing"  to  "executory." 

At  page  551,  the  Commission  recommend  the  extension  as  to  Prohibition, 
in  third  paragraph. ' 

-  •  » 


64 

At  page  553,  after  the  first  paragrajjii,  insert:' 

"  No  bail  shall  be  required  in  any  suit  on  a  pe||al  law,  unless  by  such  law 
express'ly  permitted;"  and  marginal  reference  "A.  A.  1785,  vii.,  215,'*'as 
directed  by  the  Commissioner,  (except  omitting  word  "  special,")  on  page 
761,  which  insertion  the  Commission  recommend. 

In  seventh  parateraph,  strike  out,  ''  and  no  wager  of  law  shall  be  allowed." 

In  the  margin,  OT  first  paragraph,  insert  "  St.  vii.,  216."  At  fifth  para- 
graph, change  "  Plaintifi""  to  "Defendant."  At  seventh  paragraph,  insert 
"  The  action  of  Detinue  defined." 

At  page  554,  in  first  paragraph,  second  line,  after  "that,"  insert  "  twelve 
days  notice  in  writing,  before  the  time  of  trial."  Strike  out  in  same,  and 
next  line,  "at  the  time  of  pleading,  notice."  In  ninth  line,  after  "  liberty," 
insfert  "  after  notice  of  discount." 

Strike  out  the  last  paragraph",  and  the  foot  note  thereto,  maijked  "  a." 

At  page  556,  in  first  paragraph,  strike  out  "  ecclesiastical."  After  "  tri- 
bunal," insert  "  or  officer  having  the  legal  custody  of  such  will."  In  third 
line,  after  "State,"  insert  "twenty  days'  notice  in  writing  being  first  given 
to  the  opposite  party."     .  '  •  ' 

The  last  paragraph  to  read  : 

"  2.  All  exemplifications  of  the  Acts  of  Assembly,  and  attested  copies  of 
all  records  of  this  State,  signed  by  the  keepers  of  such  records,  shall  be  re- 
ceivable in  evidence  in  the  Courts  of  this  State." 

The  marginal  abstract  to  read,  "  Acts  of  Assembly,  and  copies  of  records 
receivable  in  evidence."     Strike  out  "  The  proviso  is  new." 

At  page  557,  in  sec6nd  paragraph,  third  line,  after  "  defendant,"  insert 
"at  time  of  filing  plea."  In  fourth  line,  after  "  oath,"  insert  "at  time  of 
filing  plea,  that." 

Strike  out  third  paragraph.  , 

At  pag3  560,  in  fourth  paragraph,  change  "petition"  to  "proceeding." 

In  margin,  annex  to  third  paragraph,  the  abstract,  commencing  with 
"  Changed." 

At  page  565,  in  second  paragraph,  strike  out  "  sounding  merely  in  dam- 
ages." Change  "  verdict  shall  not  exceed  twelve  24-100  dollars,"  to 
"  plaintiff  shall  recover  less  than  thirteen  dollars." 

At  page  567,  strike  out  first  paragraph. 

At  page  583,  at  the  end  of  Fees  of  Sheriff,  insert : 

"  For  summoning  freeholders  to  try  questions  before  Justices  between 
Landlord  and  Tenant,  to  be  paid  by  the  unsuccessful  party.     10.00." 

At. page  588,  the  Commission  remark  of  Chapter  XI.,  that  it  is  obsolete; 
but  they  recommend  its  adoption. 

At  page  589,  in  second  paragraph,  change  "  Act  of  Distributions"  to 
"  laws  for  the  distribution  of  the  estates  of  intestates.". 


65 

At  page  593,  in  second  paragraph,  fifth  line,  after  "  district,"  insert  "  ftom 
whence  or." 

At  page  594,  in  first  paragraph,  first  line,  change  "  murder  or  man- 
slaughter" to  "  homicide." 

»  The  Commission  recommend  the  adoption  of  the, second  paragraph,  which 
is  marked  "  New."  /f 

At  page  595,  in  third  paragraph,  fifteenth  line,  change  "poor"  to  "insol- 
vent.'' ■  ' 

•At  page  596,  in  fifth  line,  change  "  double"  to  "  treble.  In  eighth  line, 
change,  "12  84-100"  to ''twenty." 

At  page  597,  the  Commission  recommend  the  adoption  of  flie  two  first 
paragraphs  of  Chapter  II. 

At  page  598,  in  second  paragraph,  strike  out  ''  or  attainder." 

At  pages  599  and  600,  strike  out  "  Profanity,"  and  all  that  follows, 
down,  to  "Desecration  of  the  Lord's  Day." 

At  page  600.  in  the  first,  third  and  fifth  paragraphs,  under  caption  "  De- 
secration of  the  Lord's  Day,"  change  ''two"  to  "five."  In  the  fifth  para- 
graph, third  line,  after  "  day,"  insert  "  except  in  cases  of  emergency  or 
absolute  necessity." 

At  page  601,  in  first  paragraph,  change  "set  the  offender  publicly  in  the 
stocks,  for  the  space  of  two  hours,"  to  "  commit  the  off"ender  to  the  jail  of 
the  District,  for  the  space  of  one  day."  Strike  out  the  following  part  of 
said  paragraph. 

In  fourth  paragraph,  tenth  line,  after  "  discharged,"  insert  "  by  any 
Judge  or  Chancellor,  at  Chambers,  on  motion  or  on  petition,  and  on  proof 
made."     Insert  in  margin  VA.  A.  1712,  ii.,  398." 

.    At  page  60^,  in  margin,  after  references  at  first  paragraph,  insert  "  Jour- 
.nal  of  Convention,  page  7bl."     Change  "  A.  D.  1731,  iv.,  286,"  to  "  A. 
D.  1731,  iii.,  286." 

At  page  603,  insert,  under  first  marginal  reference,  "Stat,  vii.,  462." 

At  page  604,  the  Commission  recommend  the  adoption  of  the  first _ para- 
graph. 

In  paragraph  sixth,  (numbered  5,)  in  first  line,  after  "burning"  insert  "or 
setting  fire  to."  In  second  line,  after  "thereof,"  insert  "or  any  house  of 
any  kind  within  the  curtilage,  or  house  or  room  wherein  any  person  may 
habitually  sleep,  whereby  such  dwelling-house  or  sleeping  apartment  may 
be  endangered."  In  same  line,  before  "any  barn,"  insert  "of  burning  in 
the  nigl^t  time."  Stride  out  "in  which  any  grain  or  corn  may  happen  to 
be." 

In  seventh  paragraph,  (numbered  6,)  strike  out  "whether  principals  or 
accessories  before  the  fact.'-' 

At  page  604  and  605,  include  in  parenthesis  the  words  "including  in  the 
9 


(■)(> 

term  cliurch,  ;ill  nouses  eroded  and  used  for,  or  dsdicated  to  Divine  wor- 
ship,' iind  add  '-buiidiDgs  let  for  public  exhibitions,  coach-house,  gia- 
hcmse,  store-house,  ware-house,  grist  or  ^^  mill,  railroad  depot  or  railroad 
bridge,  coach  or  cottou  factory,  or  other  hoiise  used  for  manufacturing  pur- 
poses, whether  principles^  or  accessories  before  the  fact."  * 
At  puge*605,  in  sectiooVuuinbered'  9,  after  <<  ensue"  insert  '^'witiiin  six 
months." 

« 

After  .section,  numbered  12,  insert  section  "  13.   All  persons  convicted  a 
second  time  of  stealing  any    hor.se,    inare,,  gelding,  colt,' filly,  mule  or  ass'." 
*  In  margin,  change  "  597  "  to  ''  507 ;"  ;'  470."  to  "  466." 

At  page  (jDo,  in  second  paragraph,  first  line,  after  ''  person,"  insert  "in 
endeavoring  to  apprehend  or  in  ru;iking  pursuit  after  such  burglar  or  felon." 

In  section  uumereJ  13,  change  "13"  to  "14."  In  first  lino,  after 
/'master"  insert  "or  other  officer." 

In  section  .numbered  14,  change  "  14  to  **15." 

At  pnge  6137,  change 'numbers  of  sections  "  15,"  "  16,  "  17"  and  "  1^," 
to  "16,"  "17,"  *'  18"  and  "  19." 

.In  second  paragraph  of  page,  after  "sloop"  strike  out  comi^ia,  and  insert 
"'or."     After  "brig"  strike  ou5  "or  p-'tty  anger."  • 

In  margin,  add  to  Isist  reference  "  II.  424."^ 

At  page  609,  in  second  paragraph,  after  "governance,"  insert  "and 
against -the,  will."  .  ~ 

At  page  610,  in  first  paragrupli,  strike  out  "  puulic  hall,  assembly  roOm, 
lecture  room,  store  house,  or  outhouse,  or  any."  In  f>uPth  line,  after 
"  dollars,"  insert  "  or  more." 

At  page  611,  the  fifth  paragraph  to  read : 

"Any  person  convicted  of  grand  larceny  shall  bo  punished  by  line  and 
imprisonment,  at  the  oiscretiou  of  the  Court,  and  whipping,  not  exceeding 
thirty-nine  lashes."     Insert  in  margin  "  ^l/Zej-c/." 

The  sixth  paragraph,  (including  the  portion  on  page  612,)  to  read:- 

"  Any  person  who  shall  steal  any  horse,  mare,  gelding,  colt,  filly,  mule, 
or  ass,  on  conviction  thereof,- for  the  first  offence,  besides  fine  and  imprison- 
ment, at  the  discretion  of  the  Court,  shall  receive  not  less  than  fifty  or  more 
thac.  two  hundred  lashes;  and  for  the  second  offence  shall  suffer  death." 

At  page  612,  in  second  paragraph,  strike  out  "pillory  in  addition  to." 

In  the  third  paragraph,  strike  out  "or  pillory  in  addition  to,"  and  insert 
"and"  before  "whipping." 

In  fourth  paBagraph,  fifth  and  sixth  lines,  strike  out  "be  guilt»y  of  an' 
attempt  to  oomDiit  a  felony,  and."  -    In  sixth  line,  strike  out  "shall." 

At  page  613,  At  the  end  of  -third  paragraph,  after  "thereof,"  change 
period  mark  to  colon,  and  add,  '-Pro aided,  that '  this  is  not  to  prevent  the 
catching  of,  or  fishing  for,  any  floating  or  swimming  fish  within  the  limits 
of  any  oy.ster  bed." 


'     la  fourth  puragr^ph,  strike  out  "or  pillory.'" 

At  page  G14,  in  first  paragraph,  ficst  line,  after  "records,"  insert  "with 
intent  to  defraud  nny  person  whomsoever." 

In  second  paragraph,  ninth  line,  after  "coining,"  insert  the  "same." 

Strike  out  last  paragraph  and  foot  nojte. 

At  pige  615,  strike  out  caption  "Duelling." 

At  page  616,  in  margin,  change  "884"  to  "634." 

At  page  618,  in  first  paragraph,  second  lino,  before  "burn,"  insert  "set 
fire  to  or."  In  .vime  line,  before  "burnt,"  insert  "'set  on  fire  or."  In 
third  and  fourH^  liucs  strike  out  '.'barn  or."  In  fourth  and  fifth  lines  strike 
out  "or  any  public  hall,  assembly  room,  lecture  room,  manufactory,  stoi'e- 
house,  or  out-house." 

At  page  619,  in  second  paragraph,  after  "fine,"  strike  out  comma,  and 
insert  "and."     Strike  out  "or  whipping."    ■• 

•  At  page  620,  in  first  paragraph,  fifth  line,  after  "property,"  'insert  "or 
sha^i  sell;  barter  or  expose  to  sale  any  kind  of  property  whi;:ii  has  been  be-' 
fore  sold,  bartered  or  exchanged  by  the  person  so  selling,  bartering  or  ex- 
changing, or  by  any  p-::r.'on  or  por.sons  to  the  benefit  and  advantage  of  the 
person  so  selling,  barteriuu  or  exchanging;  or. shall  be  a  party  thereto;". 

The  Commission  rocommead  the  adoption  of  the  second  paragraph  on 
same  page,  which  is  marked  in  the  margin  as  "Xew." 

At  pages  621,  622  and  62'>,  Chapter  XL,  comprising  those  pages,  is  new. 
The  Commission  recoujmend  the  adoption  of  the  same. 

At  page  624,  in  first  par.i|;;raph,  fifth  line,  strike  out  "or  pillory." 

In  second  paragraph,  strike  out  "or  stand  in  the  pillory." 

At  page  625,  in  second  paragraph,  ninth  line,  before  "convictiod,"  insert 
"indictment  and." 

In  margin,  change  "493"  to  "495." 

At  page  626,  strike  out  all  after  second  line. 

At  page  627,  the  Commission  recom'mend  the  adoption  of  the  section  or 
article,,  entitled  "Clandestine  Burial,"  which  is  marked  in  the  margin  as 
"New." 

In  section,  under  titl.}  "Retailing  near  plaje  of  public  worship,"  in  first 
line,  before  "liquor,"  insert  "spirituous;"  before  "sold,"  insert  "retailed." 
Strike  out  "by  retail"  in  same  line,  and  insert  "ov  othe.wi«e  dispoi^ea  of." 

At  page  631,  in  fourth  paragraph,  fifth  line,  after  "fine,"  insert  "and 
costs  of  execution." 

In  sixth  paragraph,   second  line,  before  "person,"  insert  "or."     Strike 
out  ail  after  "conviction,"  and  insert,  in  lieu  thereof,"  shall  be  whipped,  not 
exceeding  thirty-nine  lashes,  and  be  fined  and  imprisoned  at  the  discretion 
of  the  Court." 
,      At  page  632,  strike  out  third  paragraph. 


68- 

At  page  633,  in  first  paragraph,  fourth  line,  before  ^'brought,"  insert  "by 
warrant. " 

In  second  paragraph,  seventh  line,  strike  out  "be  assessors  of,"  and  in- 
sert "act  with." 

At  page  634,  at  the  end  of  second  paragraph,  change  period  mark  to 
comma,  and  add  "by  the  Clerk." 

•The  Coinmission  recommend  the  adoption  of  the  third  paragraph,  which 
is  marked  "New"  in  margin. 

At  page  685,  in  last' paragraph,  fourth  line,  after  "officer,"  insert  "or  the  . 
Solicitor-of  the  Circuit." 

At  page  636,  in  last  line,  after  "Sheriff,"  insert  "or  any  Constable." 

At  page  687,  in  first  line,  change  "twenty-four"  to  "eighteen."  In 
second  line,  strike  out  "such."  After  "cases,"  in  same  line,  insert,"of 
tenants  holding  over." 

\u  third  paragraph,  last  line,  after  "have"  insert  "had."  At  the  end  of 
paragraph  third,  before  period  mark,  insert  "for  two  years  next  preceding." 

At  page  638,  in  fourth  paragraph,  after  "Council,"  insert  "of  Charles- 
ton." 

The  Commission  recommend  the  adoption  of  the  first  paragraph  on  same 
page,  which  is  marked  ''New." 

At  page  639,  the  Commission  recommend  that  the  section,  entitled 
"Concerning  Incestuous  Marriages,"  which  is  directed  by  the  Commissioner, 
on  page  762,  to  be  inserted  at  the  end  of  Book  IV.,  be  not  inserted. 

At  page  643,  before  "Chapter  I.,"  insert  "Pj^t  I.,  Police." 

At  page  650,  in  fifth  paragraph,  strike  out  the  first  word  "That,"  and 
chanse  the  next,  word  "the"  to  "The." 

At  page  653,  strike  but  "Part  — ^."     For  "Chapter ,"  read  "Chapter 

III.,"  as,  directed  by  the  Comfiiissioner,  on  page  759,. 

At  page  654,  strike  out  '  "XIV.  Protection  against  suits."  Change 
"XV"  to  "XIV." 

At  page  655,  strike  out  "A.  A.  1857,  xii;  1859,  xii,"  in  margin. 
Inlbrt  in  margin  after  "277","  opposite  to  the  thirteenth  line,  "1857,  xii., 
616;  1859,  xii.,  772." 

At  page  685,  strike  out  "lb.,  373,  in  margin,  and'insert  in  place  thereof 
"A.  A.  f841,  xi.,  192." 

At  page  695,  strike  out  "lb.,  197,  §  98,"  in  margin,  and  insert  "A.  A., 
•  1841,  xi.,  204." 

At  page  699,  strike  out  "lb.,  §  140,"  in  ma,rgin,  and  insert  "A.  A.  1841, 
xi.  ,2J4~"  •,  • 

At  page  711,  ia  last  paragraph,  first  line  out  "protest"  and  insert  "pro- 
cess." 

At  page  718,  change  "XV."  to  "XIV."  "        .      ■ 


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